These Terms govern your use of this Website and form a binding contractual agreement between you (a Consortium) and us (Sustainability Victoria, the owner and operator of the Website).
These Terms are important and you should read them carefully. If you have any questions about these Terms, please contact us on firstname.lastname@example.org before you use the Website.
These Terms include our privacy statement, copyright statement and disclaimer.
By using the Website you acknowledge and agree to be bound by these Terms. If you do not agree to the Terms, you are not authorised to use the Website.
Assessor means a person engaged as an Assessor by you pursuant to the Consortium Agreement.
Confidential Information means all confidential, non-public or proprietary information about either you, us, or related to a School or its staff, students or students’ parents or guardians, regardless of how the information is stored or delivered, or received by you and us. Confidential Information does not include:
Consortium means any entity engaged by us to implement ResourceSmart AuSSI Vic, including by making facilitators and assessors available to assist Schools to participate in ResourceSmart AuSSI Vic.
Consortium Agreement means a separate current written agreement entered into between you and us to provide you with funding to implement ResourceSmart AuSSI Vic.
Content means any material (including without limitation comments, text, images, audio material, video material and audio-visual material, information and data) which is uploaded to the Website.
Copyright Act means the Copyright Act 1968 (Cth).
Facilitator means a person engaged as a Facilitator by you pursuant to the Consortium Agreement.
Intellectual Property includes (without limitation) patent, know-how, copyright, design, semiconductor or circuit layout rights, trade mark, service mark, trade secret, data, Confidential Information, business or company names or other proprietary rights and any rights to registration of such rights, whether created before or after the date of this Contract, and whether protected under common law or statute.
ISP means an internet service provider in Australia.
ISP Services means internet services.
Losses means all direct, indirect or consequential liabilities, losses, damages, claims, actions, proceedings, costs and expenses, (including legal fees) however arising.
Personal Information means recorded information or opinion) whether true or not, about a natural person whose identity is can reasonably be ascertained from the information or opinion.
ResourceSmart AuSSI Vic means the ResourceSmart Australian Sustainable Schools Initiative Victoria run by us.
School means any Victorian early childhood centre, primary school or secondary school, including government, independent or catholic schools, registered with the Department of Education and Early Childhood Development.
School Public Content means any Content uploaded to the Website by a School where the School has elected to make the Content available to be accessed by the public at large.
Consortium Account means the ResourceSmart AuSSI Vic account opened by you in order for you to have access to this Website
Website means this Website.
Your Comments means any comments, information, opinions or other material submitted to the Website for the purpose of communicating with an individual School, or with us, about that individual School’s participation in ResourceSmart AuSSI Vic.
Your Content means all Content, including Your Comments, uploaded to the Website by you.
1. You may not use this Website unless you:
2.You warrant that all information provided by you to us at the time that your Consortium Account was registered is accurate and that you will keep that information up to date by making any necessary changes to such information on the Website.
1.To use and access the Website, you must have access to an account for the provision of ISP Services with an ISP in Australia.
2.Your ISP (and not us) is responsible for the provision of ISP Services pursuant to any agreement between you and that ISP in respect of those ISP Services. You are responsible, and are solely liable, for any account charges or other costs incurred in relation to the ISP Services.
1. You may not:
2.Disruption. You may not, directly or indirectly, introduce or permit the introduction of, any spyware, virus, worm, trojan, keystroke logger, rootkit or other malicious code into the Website, or in any other manner whatsoever which may corrupt, degrade or disrupt the Website.
3.Unlawful, unauthorised or dangerous use. You may not use the Website:
We grant you a worldwide, revocable, non-exclusive, royalty-free licence to use, reproduce, modify, publish, translate and distribute School Public Content, for non-commercial educational purposes within Schools only and not for any other purpose.
1. In respect of all of Your Content, you warrant that:
2.You and we agree that the copyright and Intellectual Property in Your Content will vest in and remain your property (subject to the rights of any third party), and will not vest in us or any other party solely as a result of the publication of Your Content on the Website or the operation of section 177 of the Copyright Act.
3.If you have any moral rights (or similar rights) in respect of Your Content, you consent to us and all other persons using Your Content from time to time in a manner consistent with any licences given to us by you in respect of your Intellectual Property, even if that use is contrary to those moral rights, including making material alterations to Your Content and exploiting it with or without attribution. Immediately on such moral rights beginning to exist, you waive those rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of Your Content, you warrant that they agree to waive those rights in perpetuity.
1.You will, and will ensure that your employees, agents, officers and subcontractors, comply with the Information Privacy Act 2000 (Vic), our privacy statement and any other applicable laws and codes dealing with privacy, in relation to any Personal Information collected, used or stored in connection with these Terms.
2.You warrant that you have obtained consent to disclose Personal Information prior to uploading any of Your Content to the Website:
1.You agree to maintain the confidentiality of all Confidential Information received in connection with the Website unless:
2.We agree to maintain the confidentiality of any of your Confidential Information received in connection with the Website unless:
1.You agree that you are fully responsible for the Content submitted to the Website using your Consortium Account. To the full extent permitted by law, we exclude all responsibility and liability which may arise from the posting, transmission or use of any unlawful information or Content submitted by you or by using your Consortium Account (even if moderated or edited by us).
2.You indemnify and will at all times keep us and our sub-licensees, officers, employees, contractors and agents indemnified against any Losses arising out of or otherwise in connection with:
3.We are not liable for any Losses suffered or incurred by any person:
and without prejudice to any other rights or remedies, we may immediately terminate these Terms, without any liability to you. This will include termination of your Consortium Account.
1.Unless otherwise stated on the Website or provided for in these Terms, we or our licensors own the Intellectual Property rights in the Website and Content. Subject to the licences provided in these Terms, all of these Intellectual Property rights are reserved.
2.Assignment. You may not assign your rights under these Terms, or attempt or purport to do so, without our prior written consent (which may be given or withheld at our absolute discretion).
3.Governing law. These Terms are governed by and interpreted in accordance with the laws of the State of Victoria, Australia, and both of us submit to the jurisdiction of the courts of that State.
4.Severability. If any provision, or part of a provision, of these Terms is found to be illegal or unenforceable it will be severed from this agreement, and the remainder of these Terms will be construed as if that provision or part did not form part of these Terms. The previous sentence will not apply if the provision or part to be severed constitutes a material and fundamental element of the agreement between us and you.
5.Variation. We may amend these Terms in our discretion. Where we consider that the amendment is likely to:
Your continued use of the Website after an amendment to these Terms has occurred will mean that you agree to that amendment.
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