Website terms and conditions

Acceptance of terms and formation of contract

These terms and conditions form an agreement between You and UQ, which You accept from the time You Start using the Website.

If You do not agree to be bound by these terms and conditions, stop using the Website immediately.

As a UQ website, these terms and conditions incorporate UQ’s general website privacy and terms and conditions as applicable from time to time <https://uq.edu.au/legal/website-terms-of-use/>. To the extent of any inconsistency, these terms and conditions will prevail.

UQ Content and Third Party Content

Unless otherwise indicated, all intellectual property rights in UQ Content (including copyright in the UQ Content and any trade marks) of this Website is the property of UQ under Australian copyright law.

The Website may also include content whose copyright belongs to third parties, including the Third Party Content, that has been lawfully included on this Website by agreement or specific licence.

You may view, copy and distribute the material contained on the Website including the UQ Content and Third Party Content only by agreeing to the terms of the Creative Commons licence CC BY-NC-ND 4.0 (https://creativecommons.org/licenses/by-nc-nd/4.0/). That licence enables you to copy and distribute the material in any medium or format in unadapted form only, for non-commercial purposes only, and only so long as attribution is given to the creator.

User Content

You will retain all right, title and interest in the User Content You provide to UQ, and UQ will not claim any ownership of the User Content.

You grant UQ an irrevocable, worldwide, perpetual, royalty-free, transferable, non-exclusive licence to use, reproduce, copy, commercialise, modify, adapt, publish, transmit, distribute, communicate, translate, display and create derivative works of any User Content, in connection with the Website. You grant us the right to use your name, image, voice and likeness (as may be applicable) in connection with the User Content.

You provide (and must procure from others) irrevocable and unconditional consent for any copyright works forming part of User Content, to any act or omission that would otherwise infringe moral rights in relation to the relevant work, to make alterations or deletions to the relevant work and any failure to attribute authorship of the relevant work to that author.

Any rights and consents provided by You for the User Content (and such other related information) will also apply to third party services that are integrated with the Website.

You warrant that all User Content: (a) is provided free of encumbrances; (b) is accurate and complete; (c) is not libellous, defamatory, discriminatory, insulting, threatening, obscene and does not contain inappropriate language or imagery or is otherwise objectionable; and (d) that You own or have the necessary licences and rights to provide such User Content to UQ and that any User Content will not infringe any rights of third parties (including intellectual property rights or confidentiality obligations).

UQ may in its sole direction refuse to publish, modify or delete any User Content at any time.

Privacy

UQ’s Privacy Management Policy specifies that the university must collect, store, provide access to, use and disclose personal information in accordance with the Information Privacy Act 2009 (Qld). Whenever a UQ website (including this Website) or online system collects or uses personal information, it must do so in accordance with this policy and with state and federal privacy laws.

More information on privacy at UQ can be obtained from the Right to Information and Privacy Office.

If You have any questions or concerns about personal information displayed on, or collected by, the Website, You can: use the feedback form linked from the page footer or contact the Right to Information and Privacy Coordinator.

Records of Your correspondence with us, including when You email us via the Website, or contact us via an online form, must be managed according to UQ’s Record Management Policy.

Disclaimer and limitation of liability

The information on this Website is for educational purposes only and does not replace the advice of medical and health professionals. The advice of qualified health and medical practitioners should be obtained to make sure information on this Website is suitable for You (and, if applicable, Your child).

UQ does not warrant or represent the accuracy, currency, completeness or suitability of any information or material available on the Website, including the UQ Content or Third Party Content.

You are responsible for making Your own assessment of the material presented and are advised to verify the quality, accuracy, context, currency, completeness and suitability of material.

UQ does not warrant or represent that the Website will be available at all times, that access will be uninterrupted or that the Website is error or virus free.

UQ reserves the right to change information or material on the Website at any time without notice.

Links to any third party websites or content (including any guidelines or recommendations or Third Party Content), external to UQ, should not be construed as implying any relationship with and / or endorsement of the external site or its content by UQ, nor any commercial or other relationship with the owners of such site.

UQ is not liable to You under or in respect of these terms and conditions whether in contract, tort (including negligence) or statute or for any other cause of action for any expenses, losses, costs or damages which are directly or indirectly incurred in connection with Your use of the Website. However, nothing in these terms and conditions operates to limit or exclude liability that cannot be limited or excluded at law.

Indemnity

You indemnify and hold harmless UQ and its officers, personnel, agents, successors and assigns against any claim, action, proceeding, judgment, damage, loss, expense or liability incurred or suffered by, or brought, made or recovered against UQ in connection with any breach of these terms and conditions by You.

Complaints and enquiries

Your rights are taken seriously by UQ. If You think Your rights have been breached, or if you have a complaint about the Website, contact UQ so that we can investigate the issue. Please send an email addressed to nutritionforchildren@uq.edu.au

All other enquiries relating to web content should be directed to the authorised officer listed in the footer of every page.

Definitions

Website means the ‘Grow and Go Toolbox’ (a catalogue of nutrition resources for young children) and all content located at www.growandgotoolbox.com

Third Party Content means any information, content or material that is uploaded, posted or transmitted to the Website by any other person who is a user of the Website. This is part of the library of resources on the Website.

User Content means any information, content or material that You upload, post or transmit to the Website (including if provided to UQ via email). This is part of the library of resources on the Website.

UQ means The University of Queensland (ABN 63 942 912 684).

UQ Content means any information, content or material that UQ and its personnel create and upload, post or transmit to the Website (and does not include User Content or Third Party Content). This is part of the library of resources on the Website.

You means you as a user of the Website.

General

(Amendment) These terms and conditions may be amended by UQ only from time to time. UQ will provide notice via email to registered users of the Website of the updated terms and conditions. For all other users, the current version of the terms will be those that appear on the Website.

(Entire agreement) These terms and conditions contains the entire agreement of the parties as to its subject matter. It sets out the only representations and warranties relied on by the parties when entering into these terms and conditions.

(Governing law) These terms and conditions are governed by the law of Queensland. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts. If a party is a foreign entity, the United Nations Convention on Contracts for the International Sale of Goods does not apply for the purpose of these terms and conditions.

(Waiver) A right under these terms and conditions may only be waived by a party in writing.

UQ Promotional Games

Terms and Conditions (Games of Chance)

1. By entering this promotion, you accept these Terms and Conditions.
2. Instructions and information on how to enter this promotion form part of these Terms and Conditions.
3. The promoter is The University of Queensland (ABN 63 942 912 684) of St Lucia, Queensland, 4072 (“Promoter”).

Eligible entrants

4. To be eligible to enter this promotion, you must:
   • be an Australian resident over the age of 18 years;
   • not be affiliated with the Grow&Go Toolbox;
   • complete the online feedback survey in full;

How to enter

5. Entry will be open from 00:01 AEST on 12/08/2024 and closes at 23:59 AEST on 08/09/2024 (“Entry Period”). Entries received outside of the Entry Period will not be accepted.
6. To enter, you must, during the Entry Period:
   • visit the Grow&Go Toolbox at www.growandgotoolbox and use the website; and
   • complete the feedback survey and register for the promotion by providing your email address when prompted.
7. You will receive one entry into the promotion by performing the activities listed in clause 6. You may not enter the promotion more than once.
8. All entries become the property of the Promoter.

Prize draw

9. The prize draw will take place at 12:00 AEST on 02/09/2024 at The University of Queensland, St Lucia Campus. The first 10 valid entries drawn will receive the prize.
10. The Promoter may decline to accept any entry which, in its reasonable opinion, does not comply with these Terms and Conditions.
11. The Promoter’s decision in relation to any aspect of the promotion is final and the Promoter will not enter into any correspondence regarding the result of the promotion.

Prizes and notification of winners

12. The winner will receive 1 x $50 Prezzee Smart eGift Card, which will be sent to their email address and are valid for 3 years.
13. Prizes are not transferable and cannot be taken as cash.
14. The winner will be contacted by email using the email address provided on their entry form on or by 30/09/2024. The results will not be published.
15. To claim the prize, the winner must follow instructions from Prezzee to access the gift card. The prize must be claimed by 30/12/2024 being a date at least 3 months after the date of the initial draw.
16. The Promoter will use reasonable efforts to locate the winner. If the Promoter is unable to locate the winner within 3 months after the draw, the prize will be redrawn.
17. The second chance draw will be held on 06/01/2025 being a date at least 3 months after the date of the initial draw at the same time and place as the initial draw in order to distribute any unclaimed prizes. The winner of the second chance draw will be contacted by email using the email address provided on their entry form on or by 31/01/2025.
18. The prize will be delivered to the winner by email within 1 day after the prize being claimed.
19. If any prize becomes unavailable for any reason, the Promoter may substitute a prize of equal or greater value.
20. The Promoter accepts no responsibility for any tax implications that may arise for any prize.

Intellectual property

21. You confirm and promise that your entry is original and does not infringe the intellectual property rights of any third party. You agree that the Promoter has an unrestricted, irrevocable, transferable, right and licence to use and modify your entry including for promotional purposes without the payment of any further fee or compensation or further reference to you, and that the Promoter can authorise other people to do any of these things. If requested by the Promoter, you agree to sign any further documentation required by the Promoter to give effect to this arrangement. To the extent permitted by law, you unconditionally and irrevocably consent to the Promoter modifying your entry as described in this clause, agree that the Promoter is not required to attribute you as author of the entry, and consent to any other act or omission that would otherwise infringe any moral rights in your entry.

Withdrawal from promotion

22. You may withdraw from the promotion at any time before notification of the winners by notifying the Promoter on 0417482145. If you withdraw from the promotion, the Promoter will remove your entry and will not use your details or entry for media or promotional purposes. If you withdraw from the promotion, you will no longer be eligible to win a prize.

Miscellaneous

23. Entries which, in the opinion of the Promoter, are incomplete, incorrect or incomprehensible, contain defamatory or offensive content or infringe intellectual property rights are not eligible to win and may be removed from the promotion and the relevant entrant will be disqualified.
24. The Promoter may, in its absolute discretion, disqualify you if, in the opinion of the Promoter, you breach these Terms and Conditions, engage in dishonest or unethical conduct in relation to the promotion, manipulate, tamper or interfere with the conduct of the promotion, do not comply with the entry process, or conspire with others to gain an unfair advantage. The Promoter may investigate the matter if it suspects you of having engaged in such breach or conduct.
25. The Promoter may request information from you relevant to entry or participation in the promotion, such as proof of residency or age. The Promoter may, in its absolute discretion, disqualify you if you provide insufficient information, false information or fail to provide information.
26. The Promoter is not responsible for late, lost or misdirected entries.
27. The Promoter is not responsible for any delays, problems or technical malfunction of any telephone network or lines, computer systems, computer equipment or software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to your or any other person’s computer related to or resulting from entering this promotion. If such problems arise, then the Promoter may modify, cancel, terminate or suspend the promotion.
28. To the extent permitted by law, the Promoter is not liable for any loss, damage or injury whatsoever (including, but not limited to, indirect or consequential loss) resulting from this promotion, including the taking of prizes.
29. If, for any reason, this promotion is not capable of running as planned, including war, terrorism, state of emergency or disaster, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion.
30. All costs associated with entering the promotion are your responsibility.
31. You acknowledge that the promotion is in no way sponsored, endorsed, administered by or associated with Facebook, Twitter or any other social media platform.
32. You acknowledge that any information that you provide in connection with this promotion is provided to the Promoter and not to Facebook, Twitter or other social media platform.
33. You must release Facebook, Twitter and other social media platforms and their associated companies from all liability arising in respect of the promotion.
34. You understand and agree that the Promoter may collect personal information from you when you enter the promotion, and use it for the purpose of running the promotion (which may include disclosure to third parties for the purpose of processing and conducting the promotion), for promotional purposes surrounding this promotion, as well as other purposes, as set out in the Promoter’s Privacy Policy (located at https://policies.uq.edu.au/document/view-current.php?id=4). For further information on how the Promoter deals with your personal information, please refer to the Promoter’s Privacy Policy.

Date of current version: July, 2024.