Website Terms of Use

Thank you for visiting www.aecg.nsw.edu.au (our Website). This Website is owned and operated by NSW Aboriginal Education Consultative Group Incorporated (ABN 29 271 072 930) and our related bodies corporate (NSW AECG or our, we or us).

The NSW AECG Website Terms of Use, together with our Privacy Policy and any other documents referred to here (collectively the Terms of Use), govern your use of, and access to, our Website and the Content contained on or within our Website.

Please read these Terms of Use carefully before accessing or using the Website. When you access or use our Website, you agree to be bound by the Terms of Use. If you do not agree to be bound by the Terms of Use, please do not continue to access or use the Website.

Our Website and the Content on the Website is available for general information purposes only and is subject to change at our absolute discretion without prior notice to you.

HOW TO CONTACT US

If you have any questions or want to provide feedback about these Terms of Use, please contact:

NSW AECG

37 Cavendish Street, Stanmore NSW 2048

PO Box 375, Enmore NSW 2042

Phone: (02) 9550 5666

Fax: (02) 9550 3361

Email: info@aecg.nsw.edu.au

DEFINITIONS

Content means any and all information, material, content, products or services available on or through the Website including, but not limited to text, graphics, logos, software, documents, reports, papers, articles, brochures, newsletters, comments, courses, workshops, seminars, webinars, videos, audio, images and Indigenous Cultural and Intellectual Property such as Aboriginal languages and cultural heritage.

Indigenous means Aboriginal and Torres Strait Islander people from Australia.

Indigenous Cultural and Intellectual Property (ICIP) means Indigenous peoples’ intangible and tangible heritage. Heritage comprises all objects, sites, cultural expression and knowledge including language, the nature or use of which has been transmitted or continues to be transmitted from generation to generation, and which is regarded as pertaining to a particular Indigenous group or its territory.

Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, databases, business and company names, domain names, trade secrets, know-how or confidential information.

INTELLECTUAL PROPERTY

The NSW AECG Website and the Content on the Website is protected by Intellectual Property laws. The Website and all Content (including any products or services) on the Website is owned by or licensed to NSW AECG and we reserve all Intellectual Property rights, including, but not limited to, copyright in the Website and the Content.

Your use of and access to the Website and any Content does not grant you any rights in relation to the Website or the Content. Except for the limited licences set out below, you may not use the Website or the Content (including subscription Content), for any purpose.

However, you can access the Website and view and use the Content on the following terms:

General use licence

The Website and the Content on the Website (excluding Content only available by subscription) is provided for personal, non-commercial use only and you are permitted to view and download a copy of the Content for that purpose, provided you do not remove any copyright or trade mark notices contained in the Content. You may only use with attribution.

Subscription licence

Where you are have subscribed to NSW AECG for use of subscription Content on our Website, you can, in addition to the general use licence above, use the subscription Content for non-commercial educational purposes, provided you do not remove any copyright or trade mark notices contained in the Content and ensure NSW AECG is acknowledged as the source of the Content. This means you can view, download and copy the subscription Content to use as a resource for non-commercial educational purposes only.

Exclusions

This Website and the Content is for your personal, non-commercial use only. You may not:

modify, alter, adapt, copy, distribute, publish, communicate, transmit, broadcast, display, perform, license, commercially exploit, create derivative works from, transfer, or sell any Content (including software, products or services) in any medium;

store any Content in any storage media or archive, including electronically;

use this Website, or any of the Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website;

modify or crop the layout of the Website or any computer software or code contained within the Website.

YOUR USE OF OUR WEBSITE

You can only use the Website and the Content on the Website for lawful purposes and in a manner consistent with the nature and purpose of the Website. You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Website or any Content.

You agree not to:

use the Website or the Content for any inappropriate, unlawful or unauthorised purposes;

sell or commercially benefit from use of the Website or Content;

infringe the rights, including Intellectual Property rights, of NSW AECG or any third party in relation to the Website or the Content;

do any act that constitutes a breach of the privacy or other legal rights of individuals;

use the Website to or do any act that would defame or bring into disrepute NSW AECG, our officers, employees, agents, contractors or volunteers or other individuals;

upload, post or transmit unauthorised files or material to the Website that has the potential to cause technical damage to the Website or the Content, or the equipment of other users, including without limitation viruses, Trojans, worms, corrupted data or other malicious data code, or which is detrimental to or in violation of our systems or a third party’s systems or network security;

try to circumvent security features of the Website or Content, or tamper with, hack into, or in some other way disrupt any computer system, server, website, router or other device used to host the Website or make it available;

upload, post or transmit unauthorised files or material to the Website including without limitation material that is likely to cause annoyance, or which is defamatory, malicious, racist, threatening, offensive, abusive, obscene or otherwise unlawful.

OUR USE OF YOUR PERSONAL INFORMATION

NSW AECG takes your privacy seriously and any personal information provided or collected from your use of the Website or any Content on the Website is collected, used, held and disclosed by NSW AECG in accordance with our Privacy Policy.

NSW AECG collects personal information such as your name, email and postal address which you may provide to us when visiting the Website (e.g. signing up to our newsletter) or when you use the Website, including without limitation, information acquired through the use of cookies to monitor browsing preferences. You should ensure that any personal information you provide to us is accurate, correct and up-to-date.

We may disclose your personal information to third parties that help us deliver our products and services (including IT, marketing and communication suppliers and our partners) or if required by law. If you do not disclose this information, we might not be able to provide you with full access to our Website or Content (including products or services) on the Website.

By providing your personal information to us, you consent to the collection, use, holding and disclosure of that information as described in our Privacy Policy and these Terms of Use.

SUBSCRIPTION

Registration

You agree to register as a subscriber in order to access certain Content on our Website. Subscription is for a period of 1 year and registration is via our Website. You can register as a subscriber if you:

are over 18 years of age;

have the legal right and ability to enter into a legally binding agreement with us;

agree to use the subscription Content in accordance with these Terms of Use; and

pay the annual subscription fee (as varied by us from time to time).

Payment of the annual subscription fee may be by direct bank transfer to our bank account or by credit card through our third party payment system operator.

Personal information

When you register as a subscriber you will be required to provide NSW AECG with personal information including your name, company details, phone number, email and postal address. You should ensure that any personal information provided to NSW AECG is accurate, correct and up-to-date.

You are responsible for the use, activity and security of your subscription account including your username and password which you will choose at the time of subscription. Should you become aware of any unauthorised use or breach of security of your subscription account, you agree to immediately notify NSW AECG.

All personal information handled by NSW AECG will be managed in accordance with our Privacy Policy.

Subscription account

Your subscription account is activated once your personal information and payment has been received by us, at which time you will be deemed to have entered into a legally binding agreement with NSW AECG.

Once you have subscribed, if you cannot access or download subscription Content on the Website, please contact us using the details above and we will try to resolve the issue.

Refund Policy

Subscription is generally non-refundable, however, NSW AECG may, in its absolute discretion, provide a refund upon written request.

Renewal

We will notify you when renewal of your annual subscription is required. You acknowledge and agree that your subscription will be automatically cancelled if we do not receive payment of the annual subscription fee by the renewal date and you will not be able to login to our Website until payment is made.

INDIGENOUS CULTURAL AND INTELLECTUAL PROPERTY (ICIP)

The Website or Content on the Website may contain Indigenous Cultural and Intellectual Property (ICIP) which belongs to the relevant Indigenous language owners, custodians, creators and their descendants. In any use of the Website or the Content, you agree to abide by any cultural or ICIP policy or procedure of NSW AECG, as amended from time to time, and respect the ICIP and the rights of the traditional owners or custodians of that ICIP.

LINKS

The Website may contain links to sites and embedded content owned and operated by third parties. NSW AECG provides these links to other sites as a convenience to you and does not endorse those linked site and is not responsible for any content contained on those sites. We encourage you to review each site’s terms of use and privacy policy, especially if you intend to disclose any personal information via that site.

If you want to provide a link to our Website from you site or application, please contact us.

DISCLAIMER

We make no warranties or representations, express or implied, regarding the Website or the Content on the Website including without limitation:

the accuracy, reliability, timeliness or completeness of the Website or any Content contained or referred to on the Website and/or any linked sites;

merchantability or fitness for any particular purpose for any product or service contained or referred to on the Website and/or any linked sites;

whether the Website, or the server that makes the site available, are free of viruses or will be secure;

whether the functions within any software contained on the Website and access to the Website will operate uninterrupted or error-free;

whether errors and defects in the Website, the Content or any linked sites will be corrected; and

whether the Website, the Content or any linked sites will be updated.

LIABILITY

Your use of this Website, any Content on the Website or any linked sites is entirely at your own risk. NSW AECG will not be liable under any circumstances for any loss, damage or expense of any kind which may be suffered by you in connection with your use of our Website, the Content on the Website or any linked site, including as a consequence of:

you acting, or failing to act, on any Content contained or referred to on the Website and/or any linked sites;

inaccurate, out of date or incomplete Content on the Website and/or any linked sites;

you using or acquiring, or your inability to use or acquire, any product or service contained or referred to on the Website and/or any linked sites.

errors, defects or omissions in the Website, the Content or linked sites;

inaccessibility of, delays to, interruptions of or cessation of the services provided in the Website or linked sites; and

defamatory, offensive or illegal conduct of any user of the Website,

whether caused through negligence of NSW AECG, its officers, employees, agents, contractors or volunteers, or through any other cause.

INDEMNITY

You agree to indemnify, defend and hold harmless NSW AECG and its officers, employees, agents, contractors, volunteers, affiliates, contributors, third party content providers and licensors from and against any and all claims, liabilities, actions, suits, demands, expenses, loss and damage (including reasonable legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use and/or misuse and/or breach of the Website, the Content (including products or services) and any linked sites.

TERMINATION OF ACCESS

NSW AECG reserves the right to restrict, suspend or terminate your access to the Website, any Content or any feature of the Website at any time without notice, explanation or justification being given to you. NSW AECG bares no liability for any costs, losses or damage of any kind arising as a result of any restriction, suspension or termination.

If you breach these Terms of Use you are prohibited from continuing to use the Website and the Content regardless of whether you can continue to access the Website or Content.

ALTERATION TO WEBSITE, CONTENT AND TERMS OF USE

NSW AECG may, from time to time, change, alter or amend the Website, the Content (including products and services) on the Website and any linked sites, with or without further notice, explanation or justification being given to you.

We may revise these Terms of Use from time to time. The revised Terms of Use will take effect upon first online publication. Your continued use of our Website following any changes is deemed acceptance of those changes. We recommend reviewing these Terms of Use on a regular basis.

SEVERABILITY

If any part of these Terms of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.

JURISDICTION

Your use of the Website and these Terms of Use will be governed by and interpreted in accordance with the law of New South Wales and you agree to submit to the exclusive jurisdiction of the courts of New South Wales.