Terms and Conditions
- Access to Account: Access to your account and to upload, add to, delete or modify content is password protected. You must memorise your password or store your password in a safe and secure place. You agree that You will not disclose Your password to anyone or allow any other person to access or use Your Account.
- Uploaded Content: You are responsible for all content you upload, including details of the event, program or course and any documents or images you link or upload to the website.
You must ensure that:-
(a) all content is and remains up-to-date and accurate;
(b) the event, program or course is suitable for the purposes for which it is advertised or promoted;
(c) you own and/or have the right to use the content;
(d) use of the content on the website will not infringe the rights of any party or constitute a breach of the Privacy Act 1988 (Cth) or Competition and Consumer Act 2010 (Cth).
- Licence to Uploaded Content: By uploading content to the website you grant us a non-
exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable licence to exploit all intellectual property rights in any content.
- Right to Remove Content: People and Parks Foundation may remove, edit or modify content at our sole discretion without notice to you.
- Right to Cancel User Account: People and Parks Foundation may cancel your user Account at our sole discretion without notice to you.
- Privacy: You agree to comply with our privacy policies, guidelines and statements as may be applicable from time to time, which are incorporated into these terms. If any content you upload includes information to which the Privacy Act 1988 (Cth) and any applicable codes or principals (Privacy Laws) apply you must comply with those Privacy Laws and ensure that the upload to, and display on, the website complies with the Privacy Laws. You must take all reasonable steps to facilitate our compliance with the Privacy Laws applicable to us and co-operate with any reasonable request or direction of ours which relates to Privacy Laws.
- Compliance with Laws and Insurance: You warrant to People and Parks Foundation that:
(a) you have all necessary permits, licences, authorisations etc. necessary to operate your organisation and to run the activities advertised or promoted on the website; and
(b) your organisation complies with all laws and standards applicable to your industry;
(c) the activities you upload to the website comply with all laws and standards applicable to that activity;
(d) you have taken out all insurance reasonably required for your organisation and the activities it uploads to the website, including but not limited to professional indemnity insurance, public and product liability and property insurance.
- Indemnity: You indemnify People and Parks Foundation against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
(a) your breach or non-observance of any of these terms;
(b) any content you upload or otherwise provide;
(c) any breach or inaccuracy in any representations or warranties made to us; and/or
(d) any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.
- Liability of People and Parks Foundation: Except as provided by law, the website is provided without any warranty or condition, express or implied. We do not warrant that the information contained in or accessible through the website is accurate or without errors, omissions or viruses. We do not guarantee continuous, uninterrupted or secure access to the website. You acknowledge that access to and use of the website (including the software operating in connection with the website) may be interfered with by numerous factors outside our control. We make no warranty or representation and accept no responsibility for any websites operated or controlled by entities other than us which are or may become linked or framed to or from the website.
- Acceptance of Liability: People and Parks Foundation accepts no liability or responsibility whatsoever for any loss or damage suffered by you (including consequential loss and damage) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of these terms or the website.
- Changes to Terms and Conditions: We may change any of these terms at any time by publishing new terms or conditions on the website. Your continued use of our website constitutes your acceptance of those terms and conditions.
- Right to Request Evidence: We reserve the right to request documentary evidence to confirm any of the above (including but not limited to evidence of compliance with Privacy Laws and evidence of rights to use and upload content) and you agree to produce such evidence to us within seven (7) days of our request.
- No Authorisation or Association: Nothing in these terms should be construed as creating any legal relationship or association between People and Parks Foundation and you. You must not state or imply that you are approved, authorised or associated with People and Parks Foundation.
- Governing Law: These terms are governed by the laws of Victoria, Australia.