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Access and use

Terms of Access and Use

These Terms of Access and Use relate to the National Disability Services Limited ACN 008 445 485 (“NDS”) website, the Disability Safe website, the everyaustraliancounts website and any other website that is part of the NDS website including, without limitation, any website that is owned or operated by or on behalf of NDS and any website available through the nds.org.au domain name and any sub-domains related to the nds.org.au domain name (collectively referred to as “this Website”). The material on this Website is copyright © NDS and other copyright owners. This Website contains intellectual property, including, without limitation, software and materials belonging to NDS and others. This Website may only be used in accordance with the following terms and conditions (these “Terms of Access and Use”). In these Terms of Access and Use we refer to the person who accesses or uses this Website as either “you” or “your”, as the context may require.

  1. ACCESS AND USE
    1. Your access to and use of this Website and the Materials is conditional on your acceptance of these Terms of Access and Use. If you do not accept these Terms of Access and Use you must immediately cease all access or use of, and desist from any future access or use of, this Website. YOUR ACCESS OR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF ACCESS AND USE.
    2. If you have purchased a license, subscription or otherwise entered into an agreement with NDS the terms and conditions of your access and use of this Website shall also be governed by the terms of that agreement. Where there is an inconsistency between that agreement and these Terms of Access and Use, that agreement shall prevail.
    3. Subject to clause 1(b), by accessing, or by continuing to access, this Website you acknowledge and agree that you are bound by these Terms of Access and Use without any restrictions, alterations or amendments whatsoever.
  2. LICENCE
    1. In consideration for your acceptance of these Terms of Access and Use, NDS grants you a revocable, non-exclusive, non-transferable licence to access, use and reproduce the Materials in accordance with, and subject to, these Terms of Access and Use.
  3. CONTENTS AND ACCESS TO SECTIONS
    1. This Website contains content and information including, without limitation, software, text, programs, interactive facilities, graphics, photographs, sounds, music and video (“Content”). Some Content may be arranged into, without limitation, documents, forms, articles and any other materials whatsoever (“Materials”). Some Content is capable of transfer or download by any person accessing this Website.
    2. All Content and Materials provided on and through this Website may only be used in accordance with these Terms of Access and Use.
    3. The Contents may, at the sole discretion of NDS from time to time, include Materials that have been created by or for third parties including, without limitation, government departments, authorities or representatives of the Commonwealth Government or the New South Wales Government. All such Materials are reproduced on this Website for your information and convenience only and are not intended to replace or be used in substitution for information or materials provided by their authors, creators or publishers.
    4. The Content on this Website may be, from time to time, divided into sections at the sole discretion of NDS.
    5. NDS may, at the sole discretion of NDS, require that any section or part of this Website (“Section”) may only be accessed by persons who have paid, in full, to NDS all fees and charges relating to that Section (if any) or may specify, from time to time, in NDS’s sole discretion other requirements or terms and conditions for access to any Section.
    6. In the event that you wish to access the Section, NDS may provide to you a unique username and password, or other method of access at the sole discretion of NDS (the “Login”). For the sake of certainty, NDS has no obligation to provide you with a Login and, in the event that NDS has provided you with a Login, may cancel that Login at any time and for any reason whatsoever without providing you with those reasons or notice.
    7. In order to provide you with an Login, NDS may require you to register with NDS. Registration with NDS will require you to provide personal information to NDS. Any personal information that you provide to NDS will be collected, used and disclosed in accordance with the privacy policy published by NDS on this Website, from time to time (the “Privacy Policy”).
    8. For the avoidance of doubt, the Privacy Policy must be read in conjunction with, and form part of, these Terms of Access and Use. In the event that there is any inconsistency between these Terms of Access and Use and the Privacy Policy, these Terms of Access and Use shall prevail to the extent of that inconsistency.
    9. In the event that NDS provides you with a Login, you agree that:
      1. NDS may collect, use and disclose your personal information provided that any such collection, use and disclosure is in accordance with the Privacy Policy;
      2. the Login is required to access, and shall be use to access, the Section;
      3. you shall not access the Section without having first been issued the Login in accordance with these Terms of Access and Use;
      4. the Login is nontransferable;
      5. you shall not:
        • disclose the Login to any other person;
        • provide any false or misleading information to NDS or create a Login for any other person; or
        • attempt to sell, offer to sell, sell or license your Login to any person;
      6. you shall kept the details of the Login safe and confidential; and
      7. you accept all liability for any activities whatsoever conducted using the Login that is issued to you under clause 3(f).
    10. You agree that NDS may, from time to time and in NDS’s sole discretion:
      1. revoke, vary, suspend or cancel the Login;
      2. carry out maintenance or other work on this Website, that may limit or deny access to you; or
      3. limit or deny access to this Website or part of this Website, for any reason.
  4. YOUR UPLOADED SUBMISSIONS
    1. This Website may provide facilities whereby you can submit, transfer or upload information, comments, text or other content to this Website (“Your Submissions”).
    2. In these Terms of Access and Use the expression “Moral Rights” has the meaning given to it in the Copyright Amendment (Moral Rights) Act 2000 (Cth) and includes rights of integrity of authorship, rights of attribution of authorship and similar rights that exist or may come to exist anywhere in the world.
    3. You represent, warrant and guarantee to NDS that you own or have all necessary or desirable licences, rights, permissions and consents (including, without limitation, the consent of the author of any works in relation to the doing of all acts or any omissions by NDS to Your Submissions which might otherwise infringe the Moral Rights of that author in any or all of, or any part of, Your Submissions) to use and authorise NDS to use all intellectual property and all other proprietary rights in and to Your Submissions so as to enable use by NDS of Your Submissions in the manner facilitated or contemplated by this Website and these Terms of Access and Use.
    4. You hereby grant NDS a worldwide, non-exclusive, royalty-free licence to use, sublicense, reproduce, publish, modify and display Your Submissions, as modified, on this Website and in connection with the business of NDS in any material form whatsoever. You also hereby grant any other person who is accessing and using this Website a non-exclusive licence to access and display Your Submissions, as modified, and to use, reproduce, publish, display and perform such actions as the functionality of this Website allows and these Terms of Access and Use permit. You agree and acknowledge that the above licences granted by you are perpetual and irrevocable.
    5. You agree, acknowledge and warrant that:
      1. Your Submissions shall not contain any material that is subject to copyright or any other third party proprietary rights including, without limitation, rights in relation to trade secrets, privacy or publicity unless you are the owner of all of those rights or have authorisation from the rightful owner of those rights to transfer or upload that material to this Website and to grant NDS a licence to use and display that material on the terms contemplated by these Terms of Access and Use;
      2. Your Submissions shall not:
        • breach or be contrary to the rules, as published from time to time at the sole discretion of NDS, on this Website and titled ‘Community Rules’ (“Community Rules”);
        • contain words or expressions that are, in the opinion of NDS, inappropriate for this Website or contrary to the Community Rules;
        • contain any racist, defamatory, pornographic or threatening material;
        • depict acts of violence or unlawful acts, encourage the inappropriate use of alcohol, spread hatred against any person or group, vilify any person, people or religion, or, in the reasonable opinion of NDS, cause offence or harm to any person or group of people;
        • offer any contest, giveaway, lottery without the prior written consent of NDS;
        • contain any commercial communications unless expressly authorised by NDS or reasonably contemplated by the Community Rules;
        • contain any virus, worm, Trojan-horse or any other malicious code whatsoever;
        • solicit information from any other person for any inappropriate reason including, without limitation, to access the account of any other person or to engage in any unlawful or improper conduct in relation to that person or any other person whatsoever;
        • do, or aid, abet or solicit the doing of, anything unlawful including, without limitation, the breach of these Terms of Access and Use; or
        • mislead, misinform or deceive any person.
      3. for the avoidance of doubt, the Community Rules are to be read in conjunction with, and form part of, these Terms of Access and Use. In the event that there is any inconsistency between these Terms of Access and Use and the Community Rules, these Terms of Access and Use shall prevail to the extent of that inconsistency;
      4. NDS may remove Your Submission or make, or arrange to have made, any modifications or amendments to Your Submissions whatsoever, in the sole discretion of NDS, from time to time and whether or not Your Submissions breach any of these Terms of Access and Use;
      5. you consent to any acts or omissions by NDS (whether occurring before or after this consent is given) in relation to all Your Submissions created or developed by you where you are the ‘author’ of Your Submissions, which might otherwise infringe your Moral Rights in any or all of, or any part of, Your Submissions;
      6. NDS may retain, for any use whatsoever, a reproduction of Your Submissions after you have deleted Your Submissions from this Website; and
      7. NDS may, at the sole discretion of NDS:
        • without limiting the generality of clause 4(e)(iii), modify or amend Your Submissions including, without limitation, by replacing words or phrases in Your Submissions with any other words or phrases that NDS considers, at the sole discretion of NDS, to be suitable; and
        • publish, republish or refuse to publish or reproduce, Your Submissions on this Website, any other website or in any other material form whatsoever.
  5. INTELLECTUAL PROPERTY RIGHTS AND LICENCE
    1. NDS and others own and reserve all intellectual property rights, including, but not limited to, copyright in the Materials, the Content or services provided by this Website.
    2. Except as expressly provided in these Terms of Access and Use, nothing set out in these Terms of Access and Use shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
    3. You agree that the Content and this Website are protected by copyrights, trademarks, patents or other proprietary rights and laws.
    4. Except for the limited use set out in clause 6, or with the express written consent of NDS, you must not use this Website or the Content, for any of the following purposes:
      1. the reproduction of the Content in any material form;
      2. the distribution of the Content in any material form;
      3. re-transmission of the Content by any medium of communication;
      4. uploading or reposting the Content to any other site or location on the WWW, on-line service or bulletin board; or
      5. “framing” the material on this Website with other material on any other WWW site or location, on-line service or bulletin board.
    5. You must not:
      1. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content;
      2. use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users;
      3. use any software, device, or manual process to monitor or copy this Website or the Content without NDS’s prior written permission. Any unauthorised use of this Website or its Content is prohibited. Without limiting the generality of this clause you must not cache the Content of this Website without the consent of NDS;
      4. use any Content, or this Website, to cause offence, harm, injury, hurt, damage or loss of any kind whatsoever to NDS or to any other person;
      5. use any Content, or this Website, in a manner that is, in the reasonable opinion of NDS, defamatory, racist, pornographic, or that depicts acts of violence or unlawful acts, or that may spread hatred against any person or group, or that vilifies any person, people or religion, or that may cause offence or harm;
      6. modify, mimic or copy:
        • the layout of this Website; or
        • any computer software or code contained in this Website.
  6. PERMISSION TO USE CONTENT OR MATERIALS
    1. Notwithstanding the restrictions on use of the Content referred to in clause 4 and subject to the terms of the licence granted to you under clause 2(a), you may make temporary electronic copies of the Content that are necessary to browse this Website and may download and print Content from this Website for non-commercial personal use or non-commercial use within your business, provided that you do not remove any copyright or trade mark notices contained on or in the Material where:
      1. those copyright or trade mark notices are owned or controlled by third parties; or
      2. the Materials or this Website expressly provide that those copyright or trade mark notices are not to be removed.
    2. If you wish to use the Content for any other purpose you must first purchase a license from NDS that permits that form of use. In this clause 6:
      1. non-commercial use means use that is not for monetary reward; and
      2. use for monetary reward includes, without limitation, use for sale, resale, loan, transfer, hire or other form of commercial use.
  7. LINKS TO OTHER WEBSITES
    1. This Website contains links to sites on the World Wide Web owned and operated by third parties and which are not under the control of NDS (the “External Web Sites”).
    2. In relation to External Web Sites, which are linked to this Website, NDS:
      1. provides the link or links to External Web Sites as a convenience to you and the existence of a link or links to External Web Sites does not imply any endorsement by NDS of the External Web Sites;
      2. is not responsible for the material contained on those External Web Sites; and
      3. makes no warranties and accepts no liability in relation to material contained on those External Web Sites.
  8. DISCLAIMERS, ACKNOWLEDGEMENT AND WARRANTY
    1. You acknowledge and agree that:
      1. NDS is not in the business of providing legal, vocational or financial advice;
      2. the Content and the Website are not intended to, and do not, contain or constitute legal, vocational or financial advice;
      3. some of the Content is provided by users of this Website over which NDS has limited or no control;
      4. Content that has not been provided by NDS may be reviewed, edited, moderated, amended or removed by NDS, however, NDS has no duty or obligation to do so;
      5. the views expressed in the Content are not necessarily the views of NDS;
      6. the expression of a view does not imply endorsement of a product or service;
      7. the information contained in the Content may be out of date;
      8. you must not rely on any of the Content without first making independent enquiries to verify facts;
      9. in the event that you are unable to conveniently access the Website or Content, NDS has no obligation whatsoever to make available the Website or Content to you; and
      10. in making this Website and Content available to you for you to access and use, NDS is relying on your acceptance of, and agreement to, these Terms and Conditions of Use.
    2. You acknowledge and agree that:
      1. NDS may, from time to time at the sole discretion of NDS, provide a service, functionality or feature on this Website that assesses or purports to assess your suitability for or compatibility with various careers (the “Careers quiz”);
      2. the Careers quiz is provided for entertainment purposes and is intended to promote thought, discussion and consideration of options that may or may not be available to persons using the Careers quiz;
      3. NDS makes no representations in relation to the availability, nature, terms or conditions of, or any other matter relating to, employment with any entity or employment in any employment sector;
      4. you shall not rely on any assessment or report, howsoever described, produced by the Careers quiz without first making independent enquiries to verify facts and then independently determining whether or not any employment is suitable and appropriate for your requirements;
      5. you warrant that you have been given the opportunity to obtain independent vocational advice before taking any decision in relation to your employment;
    3. This Website is provided on an ‘as is, as available’ basis.
    4. You agree that:
      1. the Website or Content, or both, may not be accessible, or in a form that is conveniently accessible, by you; and
      2. the Website may be interrupted for maintenance and repairs, or for any other reason and that access to any Content cannot be, and is not, guaranteed.
    5. To the fullest extent permitted by law, NDS disclaims any and all express or implied warranties, guarantees or representations regarding:
      1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website, the Content, the Materials or on any External Web Sites; and
      2. the merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on this Website, the Content, the Materials or on any External Web Sites.
    6. You acknowledge and agree that NDS does not warrant, guarantee or make any representation that:
      1. this Website, the Content, the Materials, or the server that makes this Website available on the Internet are free of software viruses;
      2. the functions contained in any software contained on this Website or the Content will operate uninterrupted or are error-free; or that
      3. errors or defects in this Website or the Content will be corrected.
  9. LIABILITY
    1. NDS shall not be liable, under any circumstances, for any loss of profits or any damages of any kind recognised by law (even if NDS has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
      1. acting, or failing to act, on any information contained on or referred to on this Website, the Content, the Materials or any of the External Web Sites; or
      2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website, the Content or any External Web Sites.
    2. You agree that NDS is not liable to you for:
      1. errors or omissions in the Website, the Content, the Materials or on External Web Sites;
      2. delays to, interruptions of or cessation of the services provided in the Website, the Content, or External Web Sites; or
      3. defamatory, offensive or illegal content on the Website, the Content or the Materials, whether caused through negligence of NDS, its employees, agents or independent contractors, or through any other cause.
    3. You agree to accept the full cost of any necessary repair, correction or maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this Website or the Content.
    4. To the extent that the limitation of liability contained in this clause 9 is prohibited, you agree that NDS’s sole obligation to you for any loss, injury, claim, liability or damage of any kind resulting from your access or use of this Website shall be limited to the refund of the fees and charges paid by you to NDS, if any.
  10. INDEMNITY
    1. You will at all times indemnify, keep indemnified, defend and hold harmless NDS and its respective officers, employees and agents (referred to below as “Those Indemnified”), from and against any cost, expense, fee, loss or damage (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
      1. your actions, inaction or negligence;
      2. any breach of these Terms of Access and Use by you;
      3. a breach of a warranty given by you under these Terms of Access and Use; or
      4. your use of or reliance on the Materials, the Content or any materials, services or information supplied to you under these Terms of Access and Use.
  11. CONFIDENTIALITY AND USE OF INFORMATION PROVIDED BY YOU
    1. You agree that NDS may collect and use information that you provide to NDS (if any). You also agree that NDS may store certain information on your computer including, without limitation, cookies, that assists or enables NDS to provide access to this Website.
    2. Except as permitted in clause 11(c) below, NDS will treat as confidential information any information provided to this Website by you (if any). NDS will not disclose confidential information to any third party except where the third party is either contracted or licensed to NDS to assist NDS in fulfilling its obligations under these Terms of Access and Use or providing access to this Website.
    3. If you purchase products or services from NDS then you agree that NDS may disclose the material or information provided by you under these Terms of Access and Use to third parties for the purpose of providing you with the additional products or services or related products or services.
  12. TERMINATION OF ACCESS
    1. NDS may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and NDS has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
    2. NDS will consider and, at its sole discretion, determine whether or not, and on what terms, a refund of any fees you have paid (if any) to NDS may be payable to you.
  13. SEVERANCE AND JURISDICTION
    1. If any part of these Terms of Access and 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 Access and Use and the severed part will not affect the validity and enforceability of any remaining provisions.
    2. These Terms of Access and Use will be governed by and interpreted in accordance with the law of the State of New South Wales, without giving effect to any principles of conflicts of laws.
    3. You agree to the non-exclusive jurisdiction of the Courts of the State of New South Wales to determine any dispute arising out of these Terms of Access and Use.
  14. GENERAL
    1. The disclaimers, limitations on liability and indemnities in these Terms of Access and Use continue despite termination of the licence granted under clause 2(a) or discontinuation or suspension of your access to this Website.
    2. NDS’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing. A single or partial exercise or waiver of a right under these Terms of Access and Use does not prevent any other exercise of that right, or the exercise of any other right.
    3. You agree that NDS may, at the sole discretion of NDS, amend, vary or replace these Terms of Access and Use from time to time without notification to you.
 

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