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Terms of Use of Site and Services

These terms and conditions govern your use of this website with URL address www.instituteforcreativehealth.org.au (Site) and the services available through this Site. By using or accessing this Site and the services available through it, you are agreeing to comply with these terms and conditions. If you do not agree to comply with these terms and conditions, you must not continue to use this Site.

Throughout these terms, we, our and us means The Institute for Creative Health ACN 140 162 027. Click here to view our contact details.

1. Purpose of Site

This Site is intended as a venue for arts and health professionals to:

(a) interact;

(b) obtain arts and health related information, including via events hosted on the Site and reports which can be downloaded from the Site;

(c) share arts and health related information, including opinions; and

(d) advertise, including, but not limited to, posting information and materials on the Site via forums and blogs.

 

2. Users

2.1 Because identification and authentication over the Internet is difficult, we cannot and do not confirm the identity of those using and contributing information or materials to this Site (Users). This includes the freelance and guest managers and editors of the forums and blogs on this Site (Project Administrators).

2.2 Many of these Users use anonymous User IDs. There is also a risk that a User may be a foreign national, underage or acting under false pretence.

2.3 If you are in any doubt as to a User’s identity, you are encouraged to take steps to further establish his or her credentials; for example, by communicating directly with him or her.

2.4 If you have a dispute or issue with one or more Users, you release us from any and all claims, demands and damages (direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute or issue.

 

3. Material posted on this Site

3.1 Whilst the quality of information and materials submitted to, or posted on, this Site is generally high, we do not have any control over the information and materials provided by Users.

3.2 You should not rely upon the information and materials which are available on or through this Site (including in any forums or blogs). Rather, you should use such information and materials as a starting point for doing your own independent research and decide for yourself the accuracy and merits of such information and materials.

3.3 We cannot and do not guarantee, and we make no representation or warranty as to the, validity, accuracy, veracity, reliability or completeness of any information and materials available on or through this Site.

3.4 If you act on information and materials available on or through this Site, you do so on the basis of a considered decision of your own (having weighed up the pros, cons and risks) and accept full responsibility for your actions. Under no circumstances will we be liable to you or any other person for any direct or indirect loss or damage resulting from your use of any such information or materials.

3.5 You agree to indemnify us, on demand, against any actions, claims, proceedings or liabilities arising from your use of any information and materials available on or through this Site.

3.6 You may find another User’s information or materials to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using this Site and please notify us if you find any information or materials to be offensive, harmful, inaccurate or deceptive.

3.7 You may also find that another User, when using the services available through this Site, makes statements about your views, opinions or services which you regard as untrue. In such case, if you contact us, giving full details, we will conduct a brief investigation and may remove the offending statements. You: (a) waive any right you might otherwise have against us in connection with such statements, whether or not the offending statement is removed by us; and (b) accept that we cannot and do not control such statements, and it is not practicable for us to conduct full, detailed investigations.

3.8 You acknowledge that the information and materials on this Site which are contributed by Users may be electronically copied from other sources. As there are numerous possible sources, ranging from newspapers to scientific journals to bulletin boards, it is not possible for us to know if a posting on this Site, or other content contribution, infringes another party’s intellectual property rights. However, if you believe that your intellectual property rights have been infringed, it is your obligation to notify us immediately. Whilst we will endeavour to protect any rights owner through reasonably appropriate action should there be an infringement, we cannot and do not accept any liability for any such infringement.

 

4. Information and materials you provide

4.1 Your Information is defined as any information and materials you provide to us or which you make available to Users using the Site, whether provided or made available:

(a) during the registration process;

(b) in any public message forum or blog on this Site;

(c) through participation in any event hosted on this Site; or

(d) by way feedback to us; or (e) via any e-mail or other feature of this Site.

4.2 Your Information must not:

(a) be false, inaccurate or misleading;

(b) be fraudulent or involve the sale (or purported sale) of counterfeit or stolen items;

(c) infringe any third party’s copyright, patent, trade mark, trade secret or other intellectual property rights or rights in any confidential information;

(d) violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(e) be defamatory, libellous, unlawfully threatening or unlawfully harassing;

(f) be obscene, blasphemous, contain any pornography (including, without limitation child pornography) or other legally restricted material;

(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expro priate any system, data or personal information;

(h) create liability for us or cause us to lose (in whole or in part) the services of our internet service pro viders or other suppliers;

(i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything;

(j) involve chain letters or pyramid schemes; or

(k) contain hypertext links, URL links, graphic links, hyperlinks or any other direct connection to third party sites, for profit or gain, without our prior written permission.

4.3 You warrant that you own all intellectual property rights in Your Information. You must not reproduce images or text copied in whole or in part from other sources or any confidential information owned by a third party.

4.4 While we do not monitor and review Your Information, we reserve the right to do so at any time and from time to time. We may, in our sole discretion and without notice to you, remove or otherwise block any of Your Information that we deem inappropriate or that violates any of these terms and conditions.

4.5 You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use, and sub-license the use of, any intellectual property rights you have in Your Information, without any restriction as to field or purposes of use. Without limiting the foregoing, we may use Your Information for the purposes of distributing and publishing Your Information in any media or for commercial purposes.

 

5. Username and password

5.1 You must keep your username and password secure at all times.

5.2 You are responsible for all acts that occur through the use of your username and password, regard less of whether or not those acts are your own.

5.3 If your password is disclosed to a third party or stolen, you must let us know immediately.

 

6. Blog service

6.1 Blogs on this Site are managed and edited by Project Administrators. These Project Administrators are Users of this Site and are not our representatives. Their opinions are their own and do not, in any way, represent our opinions.

6.2 We do not endorse or advocate any of the information, materials or opinions set out on any blog on this Site.

6.3 We do not review or exercise editorial control over any blogs on this Site. Nor do we vet or otherwise filter any submissions made to Project Administrators for inclusion in blogs on this Site.

6.4 Notwithstanding clause

7.3, we reserve the right to delete or refuse to publish any blog for any reason.

6.5 You must promptly notify us of any blog which you believe may breach any of these terms and conditions.

7. Access and Interference

7.1 You must not use any robot, spider, other automatic device or manual process to monitor or copy our web pages or Site content without our prior written consent.

7.2 You must not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site, nor attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

7.3 You must not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.

8. Intellectual property rights

8.1 You acknowledge that all intellectual property rights in this Site belong to us or our third party licensors. Accordingly, no part of this Site (including for the avoidance of doubt, its source HTML or any other code, RSS feeds, content within emails, downloadable files) may be transferred, copied or reproduced in whole or in part in any manner including, for the avoidance of doubt, on any intranet or extranet or any other site or storage facility whether for storage or for others to view without our prior written consent.

8.2 Save as set out in clause

8.3, you agree that you will not copy, reproduce, alter, modify, create derivative works, distribute, transmit or publicly display any information or material (except for Your Information) from this Site without prior written consent of us and the relevant third party (as applicable).

8.3 You must only use information and material accessible from this Site for the sole purpose of receiving the benefit of the relevant services made available through this Site. You must not use any information and material accessible from this Site for any illegal or improper purpose.

8.4 The Institute for Creative Health, www.instituteforcreativehealth.org.au and The Institute for Creative Health logo are our trade names or trade marks. The use of these trade names and marks is forbidden without our express permission.

 

9. Breach

Without limiting any other remedy available to us, we may, at any time, temporarily suspend, indefinitely suspend or terminate your access to, and use of this Site and services available through this Site if: (a) you breach any of these terms and conditions;

(b) we are unable to verify or authenticate any information you provide to us; or

(c) we believe that your actions may cause legal liability for you, us or our other Users.

 

10. Privacy

For more details on privacy, please see our Privacy Policy.

11. Limitation of Liability

11.1 This Site, including its contents, functionality, performance and features, is provided on an “as available basis”. We do not represent or warrant that your use of, or access to, this Site will be uninterrupted or error-free. Use of this Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, use of, or access to, data, information or other material on or through this Site.

11.2 Subject to any guarantee, condition, warranty or right implied by the Trade Practices Act 1974 (Cth), or any other law which cannot by law be excluded by agreement: (a) we give no warranties, and you have no other rights, apart from those, if any, expressly set out in these terms and conditions; and (b) all implied guarantees, conditions, warranties and rights are excluded.

11.3 Where any guarantee, condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right, to the fullest extent permitted by law.

11.4 Save as aforesaid, we do not accept any responsibility or liability, in contract, tort (including negligence), under statute or otherwise, for any direct, indirect or consequential loss, damage or inconvenience suffered or incurred by any person arising out of or in connection with these terms and conditions, this Site, any use of this Site or the services available through this Site, the reliance on any information or material on this Site or for the acts, omissions or conduct of any Users or third parties using this Site.

 

12. Amendments

We may amend these terms and conditions at any time in writing. Such amendments will be deemed to be agreed by you upon next using this Site.

 

13. Indemnity

You agree to indemnify us, on demand, from and against any claim, demand, liability, cost, damage or loss we may incur, due to or arising out of your breach of these terms and conditions (including any breach of any warranties set out in these terms and conditions).

 

14. Third party advertising and hyperlinks

14.1 There may be third party advertising posted on this Site from time to time. You acknowledge and accept that we do not exercise any review or editorial control over the content of such third party advertising. Accordingly, to the maximum extent permitted by law, we disclaim all liability and responsibility for the content of such third party advertising on this Site and any loss or damage which it may cause you or any other person.

14.2 Any hyperlink to a third party site from this Site does not imply that: (a) we affiliated or associated with the owner of such third party site; (b) we are legally authorised to use any trade mark, trade name, logo or copyright displayed in or accessible through the third party site; or (c) the third party site is authorised to use any trade mark, trade name, logo or copyright ours.

14.3 We do not take any responsibility for, nor do we make any warranties, representations or undertakings about the content of any third party site. If you decide to link to a third party site, you leave our Site at your own risk.