Terms and conditions

Your Acceptance

  1. By using and/or visiting this website (collectively, including all content and functionality available through the website) ("Site"), you signify your agreement to (1) these terms and conditions (the "Terms and Conditions"), (2) the Site's privacy notice, found at http://www.sa.gov.au/privacy and incorporated here by reference. If you do not agree to any of these Terms and Conditions, or the privacy notice, you must not use the Site.
  2. Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version available on this Site. The Minister for Education (South Australia) (including its agents, officers and employees) ("Minister") may, at the Minister's absolute and sole discretion, modify or revise these Terms and Conditions and other documents affecting the operation of the Site at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.

The Site

  1. These Terms and Conditions apply to all users of the Site.
  2. Use of the information and data contained within this Site or these pages is at your sole risk.
  3. If you rely on the information on this Site you are responsible for ensuring by independent verification its accuracy, currency or completeness.
  4. The Site may contain links to third party websites that are not owned or controlled by the Minister. The State of South Australia (and its agents, instrumentalities, officers and employees) ("State") and the Minister assume no responsibility for the content, privacy policies, or practices of any third party websites. In addition, the Minister will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly release both the State and the Minister from any and all liability arising from your use of any third-party website.
  5. The Minister reserves the right to discontinue any aspect of the Site at any time.
  6. The information and data on this Site is subject to change without notice.
  7. If you use automatic language translation services in connection with this Site you do so at your own risk.
  8. You expressly understand and agree that any material downloaded or otherwise obtained through the use of the Site is accessed at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Other websites

  1. This Site includes links to other websites operated by Community, Business and Government.
  2. These linked websites will have their own terms and conditions of use and you should familiarise yourself with these.
  3. All linked websites are linked "as is" and the Minister:
    (a) does not sponsor, endorse or necessarily approve of any material on websites linked from or to this Site;
    (b) does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on websites linked from or to this Site;
    (c) does not make any warranties or representations that material on other websites to which this site is linked does not infringe the intellectual property rights of any person anywhere in the world; and
    (d) does not authorise the infringement of any intellectual property rights contained in material in other websites by linking this Site to those other websites.

Registration

  1. In order to access some features of the Site, you will have to create a registered account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Minister immediately of any breach of security or unauthorised use of your account.
  2. Although neither the State nor the Minister will be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of the State, the Minister or others due to such unauthorised use.

Use of the Site

  1. The Minister hereby grants you permission to access and use the Site as set forth in these Terms and Conditions, provided that:
    (a) You agree not to distribute in any medium any part of the Site, including but not limited to User Submissions (defined below), without the Minister's prior written consent.
    (b) You agree not to alter or modify any part of the Site.
    (c) You agree not to use the Site for any commercial use, without the prior written consent of the Minister.
    (d) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Minister's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Minister grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Minister reserves the right to revoke these exceptions either generally or in specific cases.
    (e) You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes.
    (f) You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.
    (g) In your use of the Site, you will otherwise comply with these Terms and Conditions, and all applicable local, national, and international laws and regulations.
    (h) You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.

User Submissions

  1. In using this Site you agree that User Submissions are public and not private and that the Minister does not guarantee any confidentiality in relation to all User Submissions (whether or not they are published on the Site).
  2. You agree that you will not post, upload or transmit User Submissions that:
    (a) are unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, constitutive (or encourages conduct that would constitute) a criminal offence, gives rise to civil liability or are otherwise objectionable;
    (b) infringes any copyright, trademark, patent, design, confidentiality or other intellectual property rights of any other person;
    (c) impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
    (d) are for purposes of spamming or obstructing the normal operation of the Site or another user of the Site or their computer facilities;
    (e) contains any virus or other harmful component;
    (f) are an invasion of privacy or any other third party rights;
  3. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
  4. In connection with User Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, right, consents, and permissions to use and authorise the Minister to use all patents, trademarks, trade secrets, and copyright or other proprietary rights in and to any and all User Submissions for any purpose.
  5. While you retain all of your ownership rights in your User Submissions, by submitting User Submissions to the Site, you hereby grant the Minister a perpetual, worldwide, non-exclusive, royalty-free, fee free, sub-licensable and transferable license to use, publish, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions for any purpose. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use such User Submissions as permitted through the functionality of the Site and under these Terms and Conditions.
  6. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Minister all of the license rights granted herein.
  7. The Minister does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and you release the Minister and the State from and against any and all liability in connection with User Submissions. The Minister does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and will remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights.
  8. The Minister may, in the Minister's absolute discretion, prevent the posting, uploading or transmitting of User Submissions on the Site and may without notice, consent, or permission of the relevant user, edit, restrict or remove any User Submissions for any reason at any time.

Monitoring User Submissions

  1. You acknowledge that User Submissions are not necessarily screened by the Minister prior to posting or transmission and do not necessarily reflect the policies of the Minister. The Minister makes no warranties, express or implied, as to the content of User Submissions on the Site including as to the timeliness, integrity, accuracy, reliability or quality of those User Submissions.
  2. You agree that you must evaluate and bear all risks associated with the use of reliance upon any User Submissions. If at any time you object to any material on the Site or any aspects of the Site, you agree that your sole remedy is to cease use.
  3. If at any time the Minister elects (at its sole discretion) to monitor the Site's User Submissions, the Minister nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the maintenance of the Site.

Account Termination

  1. Without limiting the Minister's remedies, the Minister will terminate your access to your account if the Minister determines that you have breached these Terms and Conditions. For the avoidance of doubt, the Minister reserves the right to terminate your access for any reason without notice at any time.

The Minister's Intellectual Property Rights

  1. All content of the Site (excluding User Submissions) including the text, software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features are owned by or licensed to the Minister and are protected by law. Apart from any fair dealings for the purposes of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth), no part of the Site (other than User Submissions) may be reproduced or reused for any other purposes whatsoever, without the written permission of the Minister.

General disclaimer

  1. The Minister:
    (a) makes no representations, express or implied, as to the accuracy and suitability of the information and data contained on this Site for any particular purpose;
    (b) makes no representations, express or implied, as to the accuracy or usefulness of any translation of the information on this Site;
    (c) accepts no liability for any use of the said information and data or reliance placed on it (including translated information and data);
    (d) accepts no liability for defamatory, illegal, or offensive User Submissions on the Site;
    (e) makes no warranties that the said information and data is free of infection by computer viruses or other contamination;
    (f) makes no representations or warranties that the Site will be available at any future point in time, at any location in the world;
    (g) does not represent or warrant that applications or payments initiated through this site will in fact be received or made to the intended recipient. Users are advised to confirm the application or payment by other means;
    (h) does not make any warranties or representations that material on this Site does not infringe the intellectual property rights of any person anywhere in the world; and
    (i) does not authorise the infringement of any intellectual property rights contained in material in this Site.

Indemnity

  1. You agree to indemnify and keep indemnified, both the State and the Minister from and against any loss, expense, damage or claim (including legal costs on a full indemnity bases) arising out of (or in any way related to):
    (a) your use of the Site;
    (b) your breach of these Terms and Conditions;
    (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
    (d) a claim by a third party in connection with or arising from your use of the Site.

Release

  1. To the full extent permitted by the law, you agree to release both the State and the Minister from and against any loss, damage, claim, cost and expense (including legal costs on a fully indemnity basis) you may suffer arising out of:
    (a) your use of the Site;
    (b) your breach of these Terms and Conditions; and
    (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
    (d) a claim by a third party in connection with or arising from your use of the Site, whether or not such loss, damage, claim, cost or expense arose from any act, neglect, default, omission, negligence or wilful misconduct by the Minister or the State.

Ability to Accept these Terms and Conditions

  1. You affirm and warrant that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm and warrant that you understand that the Site is not intended for persons under 18. If you are under 18 years of age, then please do not use the Site.

Security

  1. The Minister may, in its absolute discretion elect to use available technology to protect the security of communications made through the Site. In any event, the Minister does not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the Site.
  2. Internet communications may be susceptible to interference or interception by third parties. Despite its best efforts, the Minister makes no warranties that the Site is free of infection by computer viruses, Trojans or other unauthorised software. The Minister will not be liable for any loss, damage, cost or expense resulting from any breach of a security measure (including without limitation viruses, Trojans or other unauthorised software).

Assignment

  1. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Minister without restriction.

Applicable Laws

  1. Use of the Site and these Terms and Conditions are governed by the laws of the State of South Australia, Australia. Any claim relating to use of the Site shall be heard by the courts of South Australia. If you choose to access this Site from a location outside Australia, you do so on your own risk and are responsible for compliance with applicable local laws.

General

  1. You agree that:
    (a) These Terms and Conditions constitute the entire agreement between you and the Minister concerning the Site.
    (b) No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Minister's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
    (c) If any of these Terms and Conditions is determined to be unlawful, void or for any reason unenforceable, then that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of the remaining provisions.
    (d) If there is any inconsistency between these Terms and Conditions and any other documentation included on the Site, these Terms and Conditions prevail.