Website Terms of Use for Consortia

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 schools@sustainability.vic.gov.au before you use the Website.

These Terms include our privacy statementcopyright 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.

1. Definitions

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:

  1. any information that is uploaded to the Website by you and subsequently de-identified by us;
  2. any School Public Content; and
  3. any information which is or becomes generally available to the public (other than as a result of a breach of these Terms).

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.

Terms means these Terms of Use

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.

2. Eligibility to use this Website

  1. You may not use this Website unless you:
    1. Have entered into a Consortium Agreement with us;
    2. Have been issued with a Consortium Account by us; and
    3. Agree to these Terms.
  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.

3. Use of the Website

  1. You agree to comply with our reasonable directions from time to time in relation to your access to or use of the Website.
  2. You agree to use the Website in good faith, and to, at all times, comply with these Terms and all applicable laws, statutes and regulations in all jurisdictions that relate to your access to or use of the Website.
  3. You acknowledge that you have read, and will comply with, the User Guide for Consortia as published on the Website from time to time.

4. Allowing others to access your Consortium Account

  1. You may issue a new username and password to access your Consortium Account to any of Facilitators, Assessors, your employees, your contractors and your agents, but solely for the purpose of accessing your Consortium Account to perform your obligations under these Terms and the Consortium Agreement.
  2. You agree to notify us if you have reason to believe that a username or password for access to your Consortium Account may have been disclosed, other than in accordance with these Terms.
  3. You agree that by issuing a new username and password for access to your Consortium Account, you are allowing the recipient of the username and password to act as your agent and, as such, you are fully responsible and liable for all actions taken by that agent in connection with the Website, these Terms, or ResourceSmart AuSSI Vic generally.

5. Internet Access

  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.

6. Restriction on use

  1. You may not:
    1. use the Website for any purpose other than as permitted by these Terms or any other written agreement between you and us;
    2. remove or tamper with any copyright notices on the Website, in Content or in other materials provided to or accessed by you in connection with ResourceSmart AuSSI Vic;
    3. disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from the Website (except to the extent permitted by Division 4A of Part III of the Copyright Act);
    4. copy or download, in a systematic manner, any content, graphics, video, text or animation from the Website, or communicate or otherwise distribute such systematically obtained content, graphics, video, text or animation, other than as expressly provided for in these Terms; or
    5. incorporate the Website in any product to be made available commercially (unless we expressly agree otherwise with you).
  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:
    1. to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website, without our express written consent;
    2. in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website;
    3. to engage in any activity which breaches any law or infringes or interferes with our or a third party’s rights (including Intellectual Property rights);
    4. in any way that impersonates or falsely represents any person;
    5. in any way that is defamatory, obscene, offensive, misleading, deceptive or illegal;
    6. in any way that uses insulting, provocative or hateful language or is otherwise abusive, harassing or threatening of others;
    7. in any way that constitutes resale or other commercial use of the Website or Content (other than Content which is uploaded by you);
    8. to transmit or send unsolicited commercial communications or; for any purposes related to marketing without our express written consent; or
    9. in any way that would bring us, the Victorian government, the Website, ResourceSmart AuSSI Vic, another Consortium or a School into disrepute.

7. Your Content

  1. We reserve the right to remove or refuse to publish any of Your Content and to edit Your Comments.
  2. You grant to us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, sub-licence and communicate all of Your Content (excluding any Confidential Information) for any purpose consistent with our general objectives.
  3. We expressly disclaim any liability for any Losses, misuse or alteration of Your Content by any third-party, including our sub-licensees. In particular, we expressly disclaim any liability for any Loss or diminution of any Intellectual Property rights that you currently own or may be able to obtain in relation to Your Content.

8. School Public Content

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.

9. Intellectual Property

  1. In respect of all of Your Content, you warrant that:
    1. You own all of the copyright and Intellectual Property in Your Content; or
    2. Where Your Content includes material in which the copyright or Intellectual Property is owned by another person or entity, you have obtained all necessary permissions, authorisations, licences and consents required for the use of such materials consistent with these Terms.
  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.

10. Privacy

  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. from any living person or entity whose image or identifying description may appear in Your Content; and
    2. in relation to any real or personal property the image of which, or identifying description of which, is contained in Your Content, from the owner of that property.

11. Confidentiality

  1. You agree to maintain the confidentiality of all Confidential Information received in connection with the Website unless:
    1. We consent in writing to disclosing certain Confidential Information; or
    2. You are required by law to disclose such Confidential Information.
  2. We agree to maintain the confidentiality of any of your Confidential Information received in connection with the Website unless:
    1. You consent in writing to the us disclosing such Confidential Information; or
    2. We are required by law to disclose such Confidential Information.

12. Liability

  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:
    1. any breach of these Terms by you; and
    2. any claim by a third party arising directly or indirectly out of or in connection with your access to or use of the Website.
  3. We are not liable for any Losses suffered or incurred by any person:
    1. in connection with or in any way relating to the Website or ResourceSmart AuSSI Vic;
    2. in connection with any disruption to or unavailability or failure of the Website or any part of ResourceSmart AuSSI Vic or interference with or damage to computer systems or other electronic devices;
    3. in connection with errors, omissions or inaccuracies contained in any information published on the Website, either by us or a third party, or supplied by us to you;
    4. as a result of any fraudulent use, misuse or misappropriation of the Website by you or a third party; or
    5. as a result of any act committed by another person in connection with the Website or ResourceSmart AuSSI Vic;
      1. arising from any circumstance beyond our control; or
      2. otherwise under or in connection with these Terms.

13. Termination

  1. Where:
    1. you have breached any provision of these Terms; or
    2. the Consortium Agreement either expires or is terminated;

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. You may terminate these Terms by closing your Consortium Account at any time. However, all of our rights under these Terms and the Consortium Agreement shall be reserved.
  2. Clauses 6, 7, 8, 9, 10, 11, 12 and 14 survive termination of these Terms.

14. General

  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:
    1. benefit you or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you except by publishing the amended Terms on the Website;
    2. have a significant detrimental impact on you, we will make the change after we have notified you of the change (by any reasonable means, at our discretion) and will display a notice on the Website describing the change.

Your continued use of the Website after an amendment to these Terms has occurred will mean that you agree to that amendment.