Disclaimer and Privacy Policy

• makes any express or implied representation or warranty about, or
• shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with,
• this site, its use, its content or any products or services (including our products or services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
• your reliance on the completeness, accuracy, suitability or currency of the site or its content (including third party material and advertisements on this site), irrespective of any verifying measures taken by us. This site is designed for general interest only. It is not advice and you should not rely on it.
• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
• defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
• a breach by us of our Privacy Policy (other than a wilful breach).

No advice given

If you require specific advice for your individual circumstances, consult an appropriate expert directly. Do not rely on the general material on this site. We will endeavour to assist you if you specifically inquire about matters in which we have expertise, but cannot accept any responsibility for doing this.

Continued site availability and access

We do not warrant that we will continue to make this site available generally or at all and reserve the right at any time to impose or increase fees for your future access to any material appearing on this site. We reserve the right at any time to alter the site in such a way as to change the equipment needed by you to access or use the site or any part of it.

Viruses

All responsibility or liability for any damage caused by viruses contained within an electronic file located on or distributed via this site is disclaimed.

Limitation of our liability (if any) to you

Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to the re-supply of the information or services supplied or offered by us or payment of the cost of doing this.

Indemnity

You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of:

• your accessing, using or transacting on this site or your attempts to do so (except for our costs of making this site available to you that you have not agreed to meet);
• any breach by you or your agents of the Terms.

Rights we cannot exclude, limit or disclaim

This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.


2. COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES

International copyright protection

The material on this web site is protected by copyright under the laws of Australia and, through international treaties, other countries.

We own or control, and reserve, all rights

Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved, by us.

Personal, non-commercial use

You are authorised to:

• download and view content; and
• use the software included in this site in doing this,

for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. If you are an internet service or access provider, you are authorised to grant access to this site, intact, to your subscribers.

You must not, without our prior written permission, exploit any of our site materials for commercial purposes.

Prohibited conduct

Aside from the authorised uses outlined above, you are not authorised, without our prior written permission and the permission of any other relevant rights owner, to copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose. This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.

We can use your feedback

When you send us any feedback, suggestions, thoughts or opinions about this site, our business or the Facility, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.


3. TRADE MARK NOTICES

Prohibition

No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.

Notice of marks

The logos and associated words and devices on this site are our trade marks. Each of our trade marks is protected in Australia and may be the subject of rights in other countries.


4. USER CONDUCT AND INDEMNITY

Lawful use only

You must use this site only for lawful purposes.


5. PRIVACY

Web site privacy policy

You acknowledge that you have read, understood and agree with our Web Site Privacy Policy which is available below.


6. GENERAL PROVISIONS

Queensland, Australia law applies

This site (excluding any linked, third party sites) is controlled by us from Australia. Subject to any over-riding conflict of laws principle, any disputes about this site, its contents or your dealings with us must be determined by the laws in force in Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

Unenforceable Terms

Any provision of these Terms that is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining Terms nor affect the validity or enforceability of that provision in any other jurisdiction.

Site or content may be unlawful outside Australia

We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.

Your responsibilities under laws affecting you

You are responsible for ensuring that your use of this site is lawful, does not infringe any third party's rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant Internet industry codes of practice).

You are of legal age

You warrant that you are of legal age and capacity. Children must not use this site without the express permission of their parents, guardians or other responsible adults.

No offers where illegality arises

Nothing on this site constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

English language

These Terms have been prepared in the English language and must be construed accordingly.

Entire Agreement

These Terms constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, and the subject matter of these Terms. To the extent that anything in or associated with the site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

---

PRIVACY POLICY

The FKP group of companies is firmly committed to protecting your privacy. We aim to maintain a safe and secure system of handling your personal individual information, whilst still providing access to your personal information when required. For this reason, we aim to ensure that your personal information is handled in strict compliance with the Commonwealth Government's National Privacy Principles.

This policy sets out the principles that all companies within the FKP group adopt in order to protect your personal information. These principles deal generally with our collection, use and disclosure of, and your access to, information we may have recorded about you.

Any amendments to this policy will be updated from time to time on our website at www.fkp.com.au.

Collection of Personal Information

We only collect personal information about individuals that is necessary for us to carry on our business functions. What information we collect depends upon the nature of our dealings with you.

Whenever it is reasonable and practicable to do so, we only collect information about individuals directly from those individuals. Occasionally, we may receive information about you from third parties, but if we use such information for any reason, we will let you know shortly after we receive it.

We do not generally collect sensitive information about individuals unless required by applicable laws or rules. Sensitive information includes information about race, political or religious beliefs, sexual preferences, criminal convictions and health information. We collect health information where we provide nursing and/or aged care services to our clients who have also granted their consent. We do not use or share that information for any other purpose other than in the case of an emergency.

Use and Disclosure of Personal Information

We will only use your personal information for the reasons we collected it. These reasons and the parties to whom we might disclose it will be reasonably apparent to you when we collect your information and our use and disclosure of that information will only be for our business activities.

We may send to our clients information about other FKP products and services which we expect may be of interest to them, but respect their right to ask us not to do this. If you no longer wish to receive those sorts of communications from us, you should contact our Privacy Officer and we will ensure this is corrected. We will not sell your personal information to other organisations to allow them to do this.

Any other use or disclosure we make of your personal information will only be as required by law or permitted by the Privacy Act 1988.

Data Quality and Security

We will take all reasonable steps to:

(a) make sure that the personal information we collect, use or disclose is accurate, complete and up to date;

(b) protect the information from misuse, loss or unauthorised access, modification or disclosure both physically and through computer security methods;

(c) destroy or permanently de-identify the information if it is no longer needed for any purpose.

Cookies

A cookie is a small data file that may be placed on the computer of a web user (usually in the browser software folder) the first time a computer visits a web site which operates cookies. Cookies are necessary to facilitate on-line transactions and ensure security. If clients do not wish to receive any cookies they should set their browser to refuse cookies. FKP do not use cookies to keep personal profiles of its clients' use of the peregian Springs website at www.peregiansprings.com.au, or any other FKP website.

Access to and Correction of your Information

If you would like access to any records of personal information we have about you or if you believe any information we have about you is inaccurate or out-of-date, please contact our Privacy Officer.

Additional Information on Privacy

For further information on Australian Privacy laws, please visit the Australian Federal Privacy Commissioner's web site at www.privacy.gov.au

You can contact the FKP Privacy Officer as follows:

Telephone: (07) 3223 3888
Facsimile: (07) 3319 3695
Address:
GPO Box 2447, Brisbane Qld 4001
Level 5, 120 Edward Street
Brisbane, Qld 4000