Terms of Use

These general Terms of Use apply to this Finding My Way website which is owned and managed by the College of Education, Psychology and Social Work (CEPSW)  of Flinders University (ABN 65 542 596 200) (Flinders) and located at www.findingmyway.org.au (Website).

If you access or use this Website you are deemed to have read and agreed to these Terms of Use.


The following definitions apply to these Terms of Use:

Australian Consumer Law means Schedule 2 of the CCA;

CCA means the Competition and Consumer Act 2010 (Cth) as amended from time to time;

Content means all of the materials contained in or provided by Flinders on this Website, in any form, including but not limited to all text, photographs, videos, computer code, company names and trademarks; and the Finding My Way Program;

Finding My Way, our, we and us refers to Flinders, and includes its directors, officers, employees, agents, contractors and successors in title;

Finding My Way Program means the self-help and coping program provided on the Website which comprises information resources and interactive modules developed by Flinders to assist you through the process of diagnosis, treatment and recovery from cancer;

Use means to access, download, upload, install, launch and/or otherwise use;

Your Information means any information you upload to the Website; and

You and your/s refers to you, a person, who has been diagnosed with or is affected by cancer and who wishes to Use this Website or its Content.


You must be not less than eighteen (18) years of age to Use this Website.

Flinders may in its sole discretion and at any time add, remove or modify any part of these Terms of Use. Please ensure you refer to these Terms of Use each time you visit this Website so that you are aware of the most current Terms of Use applicable to your Use at that time. Your continued Use of this Website is conditional upon your compliance with these Terms of Use.

The Content of this Website is available to the public but the Content may only be Used with the prior consent of Flinders, which will be granted to you if you finalise the registration process required under the Finding My Way Program and Flinders provides you with a user name and password.

You must not gain, or attempt to gain, unauthorised access to the Website or any of its Content by any illegitimate or illegal means, including by overcoming, interfering with or disabling any security code or devices of this Website. Such conduct will be referred to the relevant law enforcement authorities.


The Content on this Website has been created by Finding My Way to provide you with information and resources because you have been diagnosed with or are affected by cancer. The Content was developed as part of a research study being conducted by Flinders and is now provided free of charge to the public.

While Flinders has exercised due care and skill in ensuring the Content is accurate, the Content is made available on the understanding that Flinders is not providing medical advice or professional advice about mental health problems. The Content is also not intended to be used as medical advice or professional advice about mental health problems and it is not intended to be used to prevent, diagnose, treat or cure any medical or mental health condition.

The Content does not, and Flinders does not intend it to, operate as a substitute for the advice of a health professional and you need to evaluate the Content to determine whether it meets your requirements. The Content is provided on the understanding that the Finding My Way Program has been recommended to you by a health professional and that you are acting under the care of such a health professional. If this is not the case then please consult a health professional before registering for the Finding My Way Program.

Equally, nothing in these Terms of Use is intended to amount to legal advice. Please consider these Terms of Use and seek legal advice if you have any concerns.

Your Information

Finding My Way is not a digital repository for the long-term storage or preservation of Your Information. We are required to hold and maintain Your Information for a period of seven (7) years but this will be removed and destroyed after that time expires.

Please be aware that the world wide web is an insecure public network that gives rise to a potential risk that Your Information may be intercepted or modified by third parties and any information you download may contain viruses or other defects.

To the extent permitted by law, you Use the Website at your own risk. While we provide the Website security detailed in these Terms of Use, this does not reduce your responsibility to maintain appropriate technical measures to prevent unauthorised Use of Your Information.

Availability, Operation and Liability

To the extent permitted by law, Flinders does not provide any express warranties in relation to this Website or its Content, including as to their accuracy or completeness.

Flinders may change the functionality or features of this Website or its Content at any time without prior notice to you. Flinders may do this for technical, maintenance or legal reasons.

To the extent permitted by law and except as expressly provided otherwise in these Terms of Use, Flinders excludes from these Terms of Use:

  1. all conditions, warranties and terms implied by statute, general law, international convention or custom, except any implied condition or warranty the exclusion of which would contravene any statute, or cause this clause to be void (Non-excludable Condition);
  2. all liability to you in contract for consequential or indirect damages arising out of or in connection with these Terms of Use including without limitation, loss of profits and damage suffered as a result of claims by any third party;
  3. all liability to you for your Use of, or your inability to Use, this Website or any Content for the intended purpose; and
  4. all liability to you in negligence for any acts or omissions of Flinders arising out of or in connection with these Terms of Use.

Flinders’ liability to you or any third party for any breach of any Non-excludable Condition is limited to (at Flinders’ option):

  1. in respect of goods, repairing or replacing the goods, or refunding any amount paid for the goods; or
  2. in respect of services, performing the services again or refunding any amount paid for the services.

Our goods and services come with guarantees that cannot be excluded 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.

Flinders’ liability under these Terms of Use will be reduced to the extent that the loss or damage to you or to any third party was caused or contributed to by any act or omission of yours, or of any third party.

Flinders will not be liable for, and any warranty under these Terms of Use will not apply to, any defects in or damage to this Website or any Content arising from any:

  1. modification or alteration by anyone not expressly authorised by Flinders;
  2. improper or faulty installation;
  3. malicious conduct (including hacking, viruses and spyware); and
  4. misuse, abuse or mishandling, including Use other than in accordance with any documentation provided by Flinders.

You agree to indemnify Flinders against all expenses, losses, damages and costs (including legal costs) that Flinders may sustain or incur as a result, whether directly or indirectly, of:

  1. any breach of these Terms of Use by you including, but not limited to, a breach of a warranty or a breach in respect of which Flinders exercises an express right to terminate these Terms of Use;
  2. any Use or misuse of this Website or any Content by you;
  3. any claim by any person arising out of your Use of this Website or any Content; and
  4. any wilful, unlawful or negligent act or omission by you.

Each indemnity provided by you will be reduced to the extent the relevant liability was caused or contributed to by the wilful, unlawful or negligent acts or omissions of Flinders.

Subject to any rights or remedies you may have under the CCA or any other legislation, you expressly acknowledge and agree that:

  1. you have not relied on any representation made by Flinders which has not been stated expressly in these Terms of Use or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by Flinders;
  2. to the extent Flinders has made any representation which is not otherwise expressly stated in these Terms of Use, you acknowledge that you have been provided with an opportunity to independently verify the accuracy of that representation; and
  3. any advice provided by Flinders with respect to the Use of this Website or any Content is given in good faith but on the basis that Flinders assumes no obligation or liability for the advice given or results obtained, and all such advice is given by Flinders and accepted at your risk.

You acknowledge and agree that:

  1. this Website and any Content is provided “as is” and may have inherent defects, errors or deficiencies;
  2. where this Website or any Content operates in combination with certain third party applications, products and hardware, it is your responsibility to obtain such applications, products and hardware including all appropriate licences to use such applications, products and hardware;
  3. Flinders does not warrant that your Use of this Website or any Content will be uninterrupted or error free (and the existence of any such errors or interruptions will not be a breach of these Terms of Use) or that this Website or any Content will meet your requirements;
  4. your Use of this Website or any Content and any advice, opinions or information supplied by Flinders concerning this Website or any Content is solely at your own risk;
  5. it is your responsibility to make your own assessment of the suitability of this Website or any Content for your intended purpose; and
  6. subject to the Website security and confidentiality terms below, you will be solely responsible your Use of this Website or any Content , including by conducting such virus scans that may be reasonably required from time to time to ensure that this Website or any Content is free from all known viruses, errors and defects.

Unless otherwise specified or agreed pursuant to a separate written agreement, Flinders will not be obliged to provide training, modifications, updates, new releases or enhancements or otherwise, or to provide any hosting or other services in relation to the Use of this Website or any Content by you.

Intellectual Property

This Website and its Content are owned by or licensed to Flinders. More particularly, any company names or trade marks of Flinders are its exclusive property and must not be used without Flinders’ prior written consent, except where expressly permitted by applicable intellectual property laws.

You must not Use, reproduce, re-publish, transmit or distribute any part of this Website or any of its Content, or create derivative works from any part of them, without the prior written consent of Flinders, except where you are expressly permitted to do so under these Terms of Use or under law.

Website Security and Confidentiality

If you upload confidential or sensitive information onto this Website, we will take reasonable commercial steps to protect Your Information from public disclosure. To assist us to protect Your Information, please check your browser settings to ensure the information you send to us is encrypted. The connection to this Website uses 128 bit SSL encryption to facilitate the safe transfer of Your Information.

To Use of this Website, you will be asked create a user name and password and this will be confirmed by Flinders. You are responsible for keeping this information secure and confidential. You may be held responsible for any loss incurred by you or by Flinders as a result of your failure to maintain security or confidentiality over such information.

Privacy Policy

Your privacy is important to us and we are committed to managing your personal information in a responsible way, and in accordance with the Privacy Act 1988 (Cth). Our online Privacy Policy explains our Website and our information management practices including how we collect, use and disclose your personal information. Our Privacy Policy is displayed separately on this Website and it may be accessed by following this link https://findingmyway.org.au/privacy.


The Website may contain links to other websites. We do not monitor or review the content of any website which is linked to or from this Website. The opinions expressed or the material appearing in such websites are not shared or endorsed by us and, as Flinders does not exercise any control of these websites, Flinders does not intend to be regarded as the publisher or distributor of any such opinions or material. Flinders is also not responsible in any way for the content of these linked websites.

You must not create any links to any page of this Website without Flinders’ prior written consent. If you create such a link, you do so entirely at your own risk.

Governing Law

You agree that these Terms of Use are governed by the laws of South Australia and that the courts of South Australia or the Federal Court of Australia (Adelaide Registry) will have exclusive jurisdiction in connection with any matter under or connected to these Terms of Use, without regard to any conflicts of laws rules.