This Website is the website for the Sir Theo Foundation (Foundation).

These terms and conditions (Terms & Conditions):

• are a legally binding agreement between You (as someone who has accessed or used the Website) and Us (the trustee of the Foundation); and

• apply to the use of this Website.

Even if You do not like the Terms & Conditions, if You access or use this Website You agree to be bound by them.

Because of this, You should carefully read the Terms & Conditions, and the Privacy Policy referred to in the Terms & Conditions.

1. Definitions

Some of the words and phrases used in these Terms & Conditions, including in the above paragraphs, have a specific meaning as determined by Us.  These words and phrases, with the corresponding definition, are as follows:

1. Cause Interference has the meaning given in paragraph 11 below;

2. Consequential Loss includes, without limitation:

   1. Loss of profits;

   2. Loss of revenue;

   3. Loss of data;

   4. Lost production;

   5. Loss of business;

   6. Loss of benefit of an agreement or arrangement;

   7. Losses which do not arise naturally from a breach of contract in the usual course;

   8. Damage to health;

   9. Damage to reputation; and

   10. Legal costs;

3. Foundation has the meaning given under the heading “Important notice” above;

4. Linked Website is the website of a third party a link to which is included in this Website;

5. Our, Us and We each mean or refer to, as appropriate, Sir Theophilus Constantinou Foundation Limited (1-102441);

6. Terms & Conditions has the meaning given under the heading “Important notice” above;

7. Website means the website for the Sir Theo Foundation at www.sirtheofoundation.org.pg; and

8. You means a person who accesses or uses the Website, and Your and Yourself each have a corresponding meaning.

2. Your risk

We attempt to ensure that the Website is safe to use and the information on the Website is current, correct and not false or misleading in any way.  However:

1. We assume no duty or care to You or any third party with respect to the Website;

2. You access this Website entirely at Your own risk;  and

3. if You use any of the content of this Website, You do so entirely at Your own risk.

3. Reliance upon and use of information

1. Information on the Website is provided for personal, non-commercial use only.

2. No information on this Website is in the nature of advice; it is general information only.

3. You must not:

   1. attempt to commercialise any of the information on the Website;

   2. utilise any of the content of the Website:

      1. for Your commercial gain (or the commercial gain of any third party); or

      2. in a manner that We consider, in Our absolute discretion, is harmful to or denigrates Us or any third party.

4. You must:

   1. use information on the Website only for personal, non-commercial use;  and

   2. make Your own enquiries and satisfy Yourself as to any information on this Website, including information about the Foundation and Port Moresby General Hospital.

5. We do not make any representations or warranties with respect to this Website or its content.

6. To the fullest extent permitted by law, We do not assume any duty of care in relation to this Website, or any information or material on, in or accessible from it.

7. Further with respect to liability, risk, representations and warranties, see paragraph 10 below.

4. Intellectual Property

1. Copyright in the Website (including its content) is owned or licensed by Us, unless otherwise stated.  Subject to the exceptions prescribed under the Copyright and Neighbouring Rights Act 2000 and similar legislation which may apply in Your jurisdiction, and except as expressly authorised by these Terms & Conditions, You must not:

   1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website; or

   2. commercialise any information obtained from any part of the Website.

2. Certain trade marks and logos appearing on the Website belong to us.

3. You must not use any of Our trade marks or logos without Our prior written permission, including:

   1. on Your website marketing or promotional materials;

   2. in connection with Your activities; or

   3. through processes such as framing or embedding.

4. It may be that at any one time copyright and other intellectual property rights in certain of the Website content is owned by third party content providers, including by owners of Linked Websites. You must not do anything that infringes any third party intellectual property rights.

5. Subject to paragraph 4(d) above, You may, for the purpose of reading and viewing material:

   1. make a temporary copy of a reasonable portion of the Website on a local computer; and/or

   2. print one hard copy of a page of the Website,

   for personal use, but must not remove any copyright notice in making such temporary copy or hard copy.

5. Linked Websites

1. We are not responsible for and do not have any control over the content or conduct of any Linked Website.

2. If you access a link on the Website to a Linked Website, You do so entirely at Your own risk, including with respect to computer viruses and the collection of information about You from the Linked Website.

3. Any link to a Linked Website is nothing more than that.  It is not and must not be interpreted to mean anything of relevance, including anything in the nature of endorsement, promotion, approval, recommendation or support.

6. Variation

We may vary these Terms & Conditions at any time and without any notice to You. Any variation we make is effective immediately upon it being published on the Website.

7. Privacy Policy

If You access the Website, certain information will or may be available to Us as a consequence of that action.  You might also elect to send information to Us, which information may be personal to You or information that You would like us to keep private.  We will:

1. deal with any personal information we collect from You as a consequence of your use of the Website in accordance with; and

   1. otherwise comply with,

the terms of Our privacy policy.  Our privacy policy is available here.

8. Blocking

We may block or restrict Your access to the Website at any time and for any period of time, including permanently, if We, in Our absolute discretion, form the view that You are not complying with these Terms & Conditions.

9. Security of information

1. At any time and from time to time the Website may include a facility allowing You to transmit information to Us.

2. We do not warrant and cannot ensure the security of any information which You transmit to Us.

3. If You transmit information to Us through this Website, You do so at your own risk.

10. Disclaimer, no warranties, no representations

1. You agree with Us that:

   1. You access and use the Website on an “as is” and “as available” basis;

   2. subject to any liability We may have which, by law, We cannot exclude, We do not accept responsibility for any direct loss, indirect loss, Consequential Loss or any damage, however caused (including through negligence), which You may directly or indirectly suffer in connection with:

      1. Your use of this Website;

         1. any Linked Websites; or

         2. information or materials contained in or accessed through the Website, including reliance made by You on any information, content or material in or on the Website.

2. Subject only to Our obligations (if any) referred to at paragraph 12(d) below, We make no warranty or representation:

   1. that any information We provide is current, complete or suitable for any particular purpose;

   2. that the Website will be available at all times;

   3. that You will have uninterrupted access to the Website;

   4. that the Website will be free from viruses or programming that might be harmful to any device used to access the Website or any device in any way linked or connected (either physically or electronically or remotely in any other way) to a device used to access the Website;

   5. on any fact matter or thing concerning, appearing on or associated with any Linked Website, including with respect to currency, accuracy, privacy or safety.

11. System security

1. You must not, and You must not permit or assist (by act or omission) any other person to:

   1. access the infrastructure of the Website without Our prior written consent;

      1. interfere in any way with any aspect of the security or content of the Website or attempt any such interference;

      2. modify, reverse engineer, disassemble, decompile, copy or cause damage or unintended effect to any portion of the Website, or any software used on the Website;

      3. use the Website or a link to any Linked Website in a way that might reasonably cause or facilitate the causing of damage (including economic damage) to Us or any third party; or

      4. attempt or assist (by act or omission) any other person to attempt any of the conduct described at any of subparagraphs 11(a)(i) to 11(a)(iv) inclusive above

   (collectively, Cause Interference).

2. If You Cause Interference, You will have failed to comply with these Terms & Conditions; You may also have broken a law that may result in criminal prosecution against You.

3. In these Terms & Conditions, the term Cause Interference is to be interpreted broadly, including, without limitation, to cover each and any of the following:

   1. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

   2. attempting to interfere with service to any user, host or network in any way;

   3. utilising or accessing any part of the Website in order to utilise or access any website, record, document or process, whether or not You may have any interest or ownership in such website, record, document or process.

12. General

1. If any of these terms and conditions are illegal, void or unenforceable in a jurisdiction, they will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining Terms & Conditions, or affecting the validity or enforceability of that provision in another jurisdiction.

2. If We waive any rights available to us under these Terms & Conditions on one occasion, this does not mean that those rights are automatically waived on another occasion.

3. These Terms & Conditions are written in the English language.  The English language version of the Terms & Conditions prevails in the event of conflict or dispute.

4. Nothing in these Terms & Conditions excludes any guarantees or liability arising under any law if and to the extent that it cannot be lawfully excluded by Us.

13. Governing Law

1. These Terms & Conditions and Your use of the Website are governed by the laws in force in Papua New Guinea.

2. By using the Website, you agree to submit to the non-exclusive jurisdiction of the courts of Papua New Guinea.