Terms and Conditions

TERMS AND CONDITIONS

www.neuroblastoma.org.au is a website operated by Neuroblastoma Australia (ABN 74173375414) of Level 1, 441 Pacific Highway, Crows Nest NSW 2065 ("we", "us" and "our").

Disclaimer

Please note that all content provided by Neuroblastoma Australia is of a general nature only. Any medical queries should be directed to your oncologist or medical team.

Our website includes Products available for purchase from various sellers (“Sellers”). If you place an order for a Product on our website (a “Product”), you are placing any order with the Seller of the Product, and not us. We make the Products available for purchase (including by taking orders and collecting payment) as the agent of the Seller, and not on our own behalf.

When you place an order to purchase a Product via this Website, you are making an offer directly to the Seller. No order shall be deemed to be accepted by the Seller until we (acting as the agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.

If a Seller accepts your order for the purchase of a Product, then an agreement is formed between you and the Seller and you have rights directly and only against the Seller, and not us. We are not a party to that agreement.

If a Seller accepts your order for the purchase of a Product, then the following terms apply to the agreement with the Seller relating to that purchase.

1. Payment

(a) You agree to pay the purchase price specified on the website at the time that you place your order for the purchase of a Product, and any applicable shipping and insurance charges based on the shipping options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Shipping and any insurance charges will be separately shown.

(b) If the goods are being shipped to an address that is not in the same state or country as the Seller, you or the addressee will be responsible for paying any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (“Other Taxes”) imposed by any applicable government agency in the addressee state or country. The Seller is unable to advise you on the amount of any Other Taxes, and you should contact the taxing authorities of the state or country that the Products are to be shipped to if you are unsure whether any Other Taxes will apply.

(c) You must pay for the Product online by credit card (we accept Visa, MasterCard) and PayPal. Your payment will be processed upon receipt of your order. The credit cards that are accepted from time to time will be described on the website. A transaction fee may apply for the use of certain credit cards, PayPal or zipPay, and where this is the case this will also be described on the website.

Cancellation of orders

(a) The Seller may cancel an order that it has already accepted if the Seller suspects that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.

(b) While the Seller endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and the Seller may also cancel an order that it has accepted in such circumstances.

(c) Unforeseen supply problems or unexpected demand may occasionally result in a Product being unavailable. If there is a delay in shipping your order the Seller will try and contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the Seller ships the Product to you.

(d) You may also cancel an order if the Seller is in breach of these terms.

Delivery

(a) The Seller will normally ship the Product within 3 Business Days of Seller’s receipt of your order, unless otherwise noted in the Product description. Any delivery times displayed on the website are estimates only, based on the information provided to the Seller by its shipping company.

(b) The Seller will deliver the Product to the place of delivery you specify when making your order. Title to and risk in the Product will pass to you upon delivery of the Product to this place of delivery.

Returns

You can return an item, for any reason, within 30 days of receipt.*

If the item you wish to return is faulty, we will require either photo proof of the faulty item or provide you with a stamped, self-addressed post pack in which to return it to the appropriate seller. You will then be offered a replacement or repair of the faulty item or a full refund or store credit, whichever you prefer. Any refunds will be transferred back to the original payment method, eg. your credit card, PayPal account or store credit.

If you change your mind on a purchased item, you will be given a store credit to the same value once the item has been received by the appropriate seller, and any shipping costs incurred will not be refunded. Please ensure you use a trackable or signed-for delivery service such as registered post, as we cannot credit your account until the item has been received.

All items being returned must be dispatched/shipped within 10 days of the return being approved and must be in original condition and packaging and not affected by being used in an abnormal way or reduced in value by delay on your part. If these requirements are not met, the seller reserves the right to deny a return.

Please note: We are unable to return or exchange an item that is not being returned or exchanged by the original purchaser.

Gift Vouchers (including Instant Gift Vouchers)

(a) Gift Vouchers can be redeemed at checkout. The value of a Gift Voucher will be issued as credit in your account.

(b) Gift Vouchers are valid for 2 years and cannot be returned or exchanged for cash.

(c) All returned items that were paid for with a Gift Voucher will be refunded as a store credit for you to use against a future purchase.

(d) If you return an item paid for by both a Gift Voucher and credit card or PayPal, you will be refunded on your credit card/PayPal up to the amount of your initial credit card/PayPal payment, and the remaining amount will be refunded as store credit.

(e) Promotional discount codes cannot be applied to gift voucher purchases.

(f) All Gift Vouchers are in Australian dollars.

Licence to use the content on this Website

(a) You acknowledge that this Website and all related content is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”).

(b) We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purposes.

(c) We retain all right, title, and interest in and to this Website and all related content, and nothing you do on or in relation to this Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.

(d) Except as provided in these terms and conditions, permission to reprint or electronically reproduce this Website or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.

(e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this Website without notice.

(f) If purchasing products containing liquor, you must be over 18 and agree to all relevant legislations and acts for each respective Australian state and territory in respect of the specified premises that are the subject of each respective licence.

7.General restrictions

(a) You must not disclose to any other person any user name and password that we give to you. We will assume that any use of this Website made using that user name and password is you, and you will be responsible for any such use, except where you have notified us under paragraph (b).

(b) You must notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will allocate a new user name and password to you.

(c) In using this Website, you must not:
    (i) provide us with inaccurate or incomplete information;
    (ii) violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these terms and conditions;
    (iii) impersonate any person;
    (iv) distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
    (v) collect or store personal data about other users of this Website; or
    (vi) engage in any other conduct that inhibits any other person from using or enjoying this Website.

8. Information provided by Sellers

Much of the information on this Website is provided by our Sellers, including all of the information relating to the products that may be purchased from those Sellers. While we believe that our Sellers are reliable sources of this information, we cannot be responsible for such information.

9. Warranties and liability

(a) The Seller warrants that if any Product fails to comply with the following promises within 30 days of your receipt of the Product, you may return the Product to the Seller for a full refund or store credit as described in section 4 above:
    (i) each Product will comply in all material respects with any descriptions given on this Website;
    (ii) unless otherwise noted, where the Products are items of clothing they will be new and not second-hand; and
    (iii) each Product will be in saleable condition (subject to any defects described on this Website prior to purchase).

In addition, if the Australian Consumer Law applies to the Seller’s sale of a Product to you, the Seller provides you with notice of the following guarantee under the Australian Consumer Law:

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

(b) All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or a Product that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.

(c) Nothing in these terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (which may include the Australian Consumer Law, which (as described above) contains guarantees which operate to protect the purchasers of goods and services in various circumstances).

(d) If any guarantee term, condition or warranty is implied or imposed in relation into this agreement (a Non-Excludable Provision) and the Seller is able to limit your remedy for a breach of such a Non-Excludable Provision, then the Seller’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at the Seller’s option:
    (i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
    (ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(e) Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of the Seller for all claims under or relating to these seller terms or a Product, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:
    (i) AUD$100; and
    (ii) the amounts paid by you to the Seller as a result of the purchase of a Product.

In calculating the Seller’s aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by the Seller under any Non-Excludable Provision.

(f) Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the Seller is not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill or anticipated savings,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

(g) The Seller’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

10. Variation of this Website

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website (including the Sellers that may be included from time to time on this Website).

11. Privacy policy

In using this Website, you may give us personal information in which you have certain rights. By using this Website, you grant us consent to use your personal information in accordance with our privacy policy, which forms a part of these terms and conditions.

12. General

(a) Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.

(b) If any part of these seller terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(c) These seller terms are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia.

(d) These seller terms constitute the entire agreement between the Seller and you in relation to the Products and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the Seller and you in relation to the Products.

(e) Your purchase of the Products is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any Product purchase, including by sending electronic notices.

(f) The provisions of these seller terms which by their nature survive termination or expiry of these seller terms will survive termination or expiry of these seller terms.

(g) The term “including” when used in these seller terms is not a term of limitation.

(h) Contact info@nb.org.au.

Privacy Policy for Neuroblastoma Australia Incorporated

Neuroblastoma Australia cares about protecting your privacy and handling your personal and sensitive information with care. We ensure that our conduct complies with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (‘Privacy Act’).

The purpose of this privacy policy is to inform you about the range of circumstances in which we collect personal information. It also explains how we will use or disclose that information.

What Personal Information does Neuroblastoma Australia collect and why?

Personal Information is information about an identified individual, or an individual who is reasonably identifiable. The Personal Information we collect about you will depend on the way in which you interact with Neuroblastoma Australia.

Employees, contractors, volunteers, health professionals and service providers:

If you are providing your services to Neuroblastoma Australia, for example as a volunteer, contractor or health professional, we will collect your name, date of birth, gender, contact information (address, phone number & email address), credentials (if applicable), connection to Neuroblastoma Australia and, if any employee, your bank details for payment of wages, your superannuation fund details and your next of kin details.

We will collect this Personal Information when you provide it to us as part of agreeing to provide your services to Neuroblastoma Australia, so that we can contact you and to enable you to help us with events, fundraising, general running of the charity and other projects with which we require the community’s help. If we do not collect this information, you will not be able to perform your role or provide your services to Neuroblastoma Australia.

Donors, event participants and purchasers of products:

When you make a donation to Neuroblastoma Australia, participate in an event or purchase a product from our online store, we ask you to provide your name, date of birth, gender, contact information (address, phone number & email address), credit/debit card information, donation history, connection to Neuroblastoma Australia, and interest in receiving newsletters & other similar communications. If you attend / participate in a Neuroblastoma Australia event, we will also ask you how you heard about the event and also record the number of times you have participated in the event.

We will collect this information so that we can process your donations and/or merchandise purchases, provide you with receipts for donations and/or purchases, confirm your identity, respond to your queries or complaints, assist us with our internal reporting, and communicate with you regarding news, events, fundraising, campaigns, products and services.

Recipients of support services:

If you are a recipient or prospective recipient of the support services we offer, we will ask you to provide your name, date of birth, gender, contact information (address, phone number & email address), health information (if applicable), records of queries and/or complaints, how you heard about Neuroblastoma Australia and interest in receiving newsletters & other similar communications. If your child is a recipient of such services, we will also ask you to provide information on your child’s behalf about your child’s medical history, health information and relationship with cancer.

We will collect this information so that we can provide you and your family the support services and contact you regarding news, events, fundraising, campaigns, products and services.

How do we collect your Personal Information?

Wherever possible we will only collect your personal information directly from you.

This may be in person (for example at a fundraising event); on the telephone (for example if you phone us for information or advice); online (for example if you purchase products from our store, sign up to a newsletter, take part in a survey, make a donation online or sign up to an event); or by email (for example if you contact us with a question or query).

From time to time medical practitioners or research projects may contact us with your information. If third parties do contact us with your information, we will take reasonable steps to contact you and confirm that you understand and consent to this collection of personal information.

We will however sometimes receive your personal information via a third party, for example Every Day Hero will provide us with information on persons who donate to Neuroblastoma Australia through another individual’s fundraising page. An option is provided to such people to opt out of this. If they chose to not opt out, we will collect and store their personal information in the same manner as personal information collected directly by ourselves.

Opting out of direct marketing communications

Where we use your personal information to send you marketing and event information by post, email or telephone, we will provide you with an opportunity to opt out of receiving such information. By electing not to opt-out, we will assume we have your implied consent to receive similar information and communications in the future.

Website Usage and cookies

When you visit our website, we may use cookies and other software to collect information about the web pages you visit, how long you spend on a page, what you do when you visit a page. Our website may use Google Analytics features, which tracks your internet usage and discloses this to other members of the Google Ad network. We also use Facebook Analytics and remarketing in addition to Google Analytics.

A cookie does not identify individuals personally, but it does identify computers. You can set your browser to notify you when you receive a cookie, and this will provide you with an opportunity to either accept or reject it in each instance. You can also opt out of Google Analytics by clicking on Ad Settings.

We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.

Remarketing

We use Google AdWords Remarketing to advertise the Run2Cure event and Neuroblastoma Australia across the Internet, in particular on the Google Display Network.

AdWords remarketing will display ads to you based on what parts of the Run2Cure and Neuroblastoma Australia websites you have viewed by placing a cookie on your web browser. This cookie does not in any way identify you or give access to your computer or mobile device. The cookie is used to indicate to other websites that “This person visited a particular page, so show them ads relating to that page.”

Google AdWords Remarketing allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you.

If you do not wish to see ads from Run2Cure and Neuroblastoma Australia, you can opt out in several ways:

Opt out of Google’s use of cookies by visiting Google’s Ads Settings.
Opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.

To whom do we disclose your Personal Information?

Your personal information may be made available to our accountants, auditors, other partners and service providers, lawyers and law enforcement agencies as required by law.

We may disclose your personal information if we are legally required to do so, particularly in relation to protecting the privacy of children.

Neuroblastoma Australia may use third party service providers to perform outsourced activities. This includes our contractors and service providers (such as mailing houses, data management providers and banks).

If we provide your personal information to external service providers, Neuroblastoma Australia will disclose your personal information only to the extent necessary for these external service providers to perform the requested services. In engaging with a third party, we will take steps to ensure that the privacy and security of your personal information is protected under privacy standards consistent with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Where is your personal information stored?

Your personal information will be stored in a password protected software application which could be a Neuroblastoma Australia database, or a cloud based service or other third party storage provider.

We will only retain your personal information for the period that we need it for the purposes described above, unless we are required by law to retain it for a longer period.

Your credit/debit cards

We use Secure Socket Layers (SSL) certificates when processing all payments. This is the industry standard for encrypting card details, including your name and address so that this information cannot be viewed by anybody else. Access to this information is by Neuroblastoma Australia staff only.

How to access and/or make corrections to your personal information

You have the right to request access to, or seek correction of, your personal information held by us at any time. In order to comply with the Privacy Act, we will require you to answer security questions prior to the release of any information so that we may ascertain your identity. If you wish to access or correct your personal information, please contact info@nb.org.au. We will deal with all requests as soon as possible but no longer than 30 days.

If you have any queries or complaints relating to Neuroblastoma Australia’s Privacy Policy or the manner in which we handle your personal information, please contact info@nb.org.au. We will respond to your complaint in writing as soon as possible but no longer than 30 days. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

Terms and Conditions

Sign up for our Newsletter

Policies

Information

Terms and Conditions

Sign up for our Newsletter

Policies

Information

Social