Legal agreement

These terms and conditions (which constitute a legal agreement) apply to the use of any ACER website including:

  1. the use of the information services offered on such web sites; and
  2. participation in any ACER instigated discussion forums.
  3. By continuing to use any ACER website or participating in any ACER instigated discussion forums, YOU AGREE:
  4. TO BE BOUND by these terms and conditions;
  5. any terms and condition specific to any particular ACER website or ACER instigated discussion forum; and
  6. to ACER reserving the right to change or amend these terms and conditions from time to time and that you will update yourself by re-familiarising with these terms and conditions upon each access. You continued use of ACER websites or ACER instigated discussion forum signifies your agreement to any amended terms and conditions.

Should you NOT ACCEPT these terms and conditions, you MUST refrain from using the web site and discussion forum.

 

FURTHER, YOU AGREE:

ACER Information services and online communities

  1. that all information provided by ACER through its websites and online communities is provided:
  1. under these terms and conditions; and
  1. in good faith.
  1. ACER:
  1. derives all information provided by ACER through its websites and online communities from sources which it believes to be accurate and up to date as at the date of publication;
  1. RESERVES the right to update this information at any time:
  1. DOES NOT make any REPRESENTATIONS or WARRANTIES that:
  1. the information provided by ACER through its websites and online communities is reliable, accurate or complete; or
  2. that your access to that information will be uninterrupted, timely or secure;
  1. IS NOT LIABLE for any loss resulting from any action taken or reliance made by you on any information or material posted by ACER. You should make your own inquiries and seek independent advice from relevant industry professionals before
  1. acting or relying on any information or material which is made available to you pursuant to our information service;
  1. to use ACER’s information services and online communities for lawful purposes only;
  1. that any information or material submitted by you to any online community is and will be treated by ACER as non-confidential and non-proprietary and ACER may use such material without restriction;
  1. when you submit material to any online community, YOU ASSIGN all copyright which subsists in such material to ACER without having to do any further thing. If such copyright is not capable of assignment YOU GRANT ACER a royalty free, non-exclusive, perpetual, irrevocable worldwide licence (with the right to sublicence) to use, modify, alter, reproduce, broadcast and exploit such non-assignable copyright, the materials you submit and the intellectual property in the materials you submit for any purpose ACER determines;
  1. you will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;
  1. YOU WARRANT you have:
  1.  full right title and interest in any material you post on ACER websites or online communities to so use and publish the same; and
  2. obtained all necessary permissions and licenses in any third party material contained in the material you post on ACER websites or online communities;
  1. you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethically objectionable;
  1. you will treat other users of ACER online communities with respect;
  1. ACER has ultimate control of all its websites and online communities and ACER in its sole discretion may edit, remove or decide to not publish any material you contribute, or block or close your access, particularly if it is of the opinion that the any material you post is:
  1. defamatory, or otherwise unlawful or that it violates laws regarding harassment, discrimination, racial vilification, privacy or contempt;
  2. false or deceptive;
  3. an infringement of intellectual property rights including copyright;
  4. abusive, offensive or obscene;
  5. inappropriate, off topic, repetitive or vexatious. ACER reserves the right to reject contributions that have been widely canvassed in the online community. It also reserves the right to reject contributions from participants who seek to dominate the discussion;
  6. compromising the privacy of any person or containing inappropriate personal information;
  7. seeking to endorse commercial products or services;
  8. seeking to directly solicit donations;
  9. deliberate provocation of other community members; or
  10. impersonating someone else and/or posting on behalf of a person previously prohibited from access.
  1. you will not disrupt the flow of dialogue or otherwise act in a manner which negatively affects other members;
  1. you will not impersonate any other person;
  1. you will provide current, accurate and up-to-date information about yourself as required under these terms and conditions;
  1. you will not post or transmit any unsolicited advertising or promotional materials;
  1. any material which you post may be removed by ACER from the online community without notice at any time;
  1. you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  1. that any material or information provided by you may be posted in the online community for any other members or guests to read;
  1. when accessing or participating in ACER instigated online communities on third party platforms to comply with any terms and conditions of such third party platforms;
  1. to understand the privacy settings on any platform you access and choose appropriate options to protect your personal information and content;
  1. ACER does not accept any liability for the accuracy or content of any material posted by other members of the online community. ACER is not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member;
  1. ACER does not accept any responsibility or liability for any information or material which you submit to the online community, nor does ACER accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the online community;
  1. ACER does not warrant that it will respond to questions or comments submitted by you to our online communities;
  1. if you download any material from the online community, you acknowledge that ACER is not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.

Disclaimer

  1. and ACKNOWLEDGE that ACER DOES ACCEPT RESPONSIBILITY for:
  1.  any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of ACER  web sites, any linked web site or online community; nor
  2. for any loss arising out of your use of or reliance on information contained on or accessed through ACER web sites  or online communities;
  1. That, to the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits ACER from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but ACER’s liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again;

Exception to disclaimer

  1. This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded;

Copyright

  1. Copyright in ACER websites and online communities (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by ACER. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, YOU MAY NOT in any form or by any means:
  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of ACER web sites; or
  2. commercialise any information, products or services obtained from any part of ACER web sites;

without ACER’s written permission or, in the case of third party material, from the owner of the copyright in that material;

Trade marks

  1. Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark;

If you use any of ACER’s trade marks in reference to ACER’s activities, products or services, you must include a statement attributing that trade mark to ACER. You must not use any of our trade marks:

  1. in or as the whole or part of your own trade marks;
  2. in connection with activities, products or services which are not ACER’s;
  3. in a manner which may be confusing, misleading or deceptive;
  4. in a manner that disparages ACER or its information, products or services (including any ACER web site);
  1. not to remove, obscure or alter any ACER business names, acronyms, trade marks, logos, copyright notices on any content you access and use or use such in any way that implies the endorsement of ACER;

Restricted use

  1. Unless ACER agrees otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site;

Linked web sites

  1. Any ACER web site or online community may contain links to other web sites ( "linked web sites" ). Those links are provided for convenience only and may not remain current or be maintained.
  1. ACER IS NOT RESPONSIBLE for the content or privacy practices associated with linked web sites.
  1. ACER links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary;

Privacy policy

  1. ACER undertakes to comply with the terms of its privacy policy which is locatable at: http://www.acer.edu.au/privacy ;
  1. ACER may collect web site visitors' contact information (like their e-mail addresses). Unless you object, this information may be used:
  1. to send news, information about ACER activities and general promotional material which ACER believes may be useful to you;
  2. to monitor who is accessing the web site or using services offered on the web site; and
  3. to profile the type of people accessing the web site.
  1. If you do not wish to have your personal information used in this manner or for any  other specific purpose, you can e-mail us accordingly;
  1. ACER utilises "cookies" which enable it to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance;
  1. ACER will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this web site. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect;
  1. If you request ACER not to use personal information in a particular manner or at all, ACER will adopt all reasonable measures to observe your request but ACER may still use or disclose that information if it:
  1. subsequently notifies you of the intended use or disclosure and you do not object to that use or disclosure;
  2. believes that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
  3. is required by law to disclose the information;
  1. ACER will preserve the content of any e-mail you send us if ACER believes it has the legal requirement to do so;
  1. Your e-mail message content may be monitored by ACER for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected;
  1. Personal information which ACER collects may be aggregated for analysis but in such circumstances ACER would ensure that individuals would remain anonymous;
  1. All personal information which ACER collects (including your contact details and, if relevant, credit card details) is kept confidential to the best of its ability. You will appreciate, however, that ACER cannot guarantee the security of transmission;
  1. it is the responsibility of parents to monitor their children's use of our web sites and ACER instigated online communities. Nevertheless it is ACER’s policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category;
  1. You are entitled to have access to any personal information relating to you which you have previously supplied to ACER over this web site. You are entitled to edit or delete such information unless ACER is required by law to retain it;
  1. If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us on 03 9277 5555.

Security of information

  1. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst ACER strives to protect such information, IT DOES NOT WARRANT and cannot ensure the security of any information which you transmit to ACER. Accordingly, any information which you transmit to ACER is transmitted at your own risk. Nevertheless, once ACER receives your transmission, ACER will take reasonable steps to preserve the security of such information;

Specific warnings

  1. to ensure that your access to any ACER web site or discussion forum is not illegal or prohibited by laws which apply to you;
  1. that you must take your own precautions to ensure that the process which you employ for accessing any ACER web site or discussion forum does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, ACER DOES NOT ACCEPT RESPONSIBILITY for any interference or damage to your own computer system which arises in connection with your use of ACER web sites, any linked web site or ACER online community;
  1. that, while ACER has no reason to believe that any information contained on any ACER web site or online community is inaccurate, ACER DOES NOT:
  1. WARRANT the accuracy, adequacy or completeness of such information;
  2. UNDERTAKE to keep its web site updated; and
  3. ACCEPT RESPONSIBILITY for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on any ACER web site or discussion forum;
  1. and ACKNOWLEDGE that ACER may be a distributor, not a publisher, of content on its web sites. To that extent ACER editorial control is limited to the selection of materials to make available. Any opinions or advice by third parties remain the responsibility of those third parties and ACER DOES NOT guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes;
  1. Where the information made available over ACER websites or online communities contains opinions or judgments of third parties, ACER DOES NOT purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. ACER DOES NOT accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information;

Termination of access

  1. Access to this web site may be terminated at any time by ACER without notice. The  disclaimer contained in these terms of use will nevertheless survive any such termination;

Governing law

  1. These terms and conditions are governed by the laws in force in the State of Victoria Australia. YOU AGREE to submit to the exclusive jurisdiction of the courts of that jurisdiction;

General

  1. ACER ACCEPTS NO LIABILITY for any failure to comply with these terms and conditions where such failure is due to circumstances beyond its reasonable control;
  1. If ACER waives any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion;
  1. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

Legal advice

 

  1. ACER advises the User to obtain independent legal advice before entering into this Agreement to be fully aware of its effects.

Indemnity

  1. YOU irrevocably and unconditionally indemnify and agree to keep indemnified and hold harmless ACER and its respective, officers, employees, and consultants from and against any and all liability loss harm damage cost or expense, including legal fees, which ACER may suffer or sustain as a result of any act or omission of you or any of your officers employees consultants have done or omitted to be done in connection with a breach of this Agreement or any applicable law, except to the extent that the liability loss harm damage cost or expense arises from ACER’s negligent or unlawful acts or omissions. This clause shall survive any termination or expiration of this Agreement.

Entire agreement

  1. These terms and conditions constitute the entire agreement between ACER and you in respect of the use of any ACER website and online community and any understanding, agreement, and/or representation implied or express (made by one party to the other) not expressly included in these terms and conditions are specifically excluded.

To return to the web site or online community

  1. To return to the web site or online community, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above terms of use.