Terms of Use

General

These Terms and Conditions (Terms) apply to your use of the Aged Care Workforce Industry Council Limited, ABN 69 633 541 581 (Council, we, us or our) website, which can be found at https://acwic.com.au/

If you wish to contact us in respect of any issues relating to the Website or these Terms, you may do so [here].

About these Terms

If you wish to use the Website, you must accept and comply with these Terms. Please read these Terms carefully before using the Website and, if you do not agree to these Terms, you must not access or use the Website.

We may need to make changes to these Terms from time to time, to reflect changes to our operations. Every time you wish to use our Website, please check this link to ensure you understand the Terms that apply at that time.

Licence

All copyright and other intellectual property rights in the Website, including all trade marks, reports, tools and other content appearing on the Website (Our Content) are owned by us and/or our licensors.

We grant you a revocable, non-transferable, non-exclusive licence to use the Website for your own purposes, and to download and print out a copy of Our Content for your own personal, non-commercial use. If you are accessing the Website and/or using Our Content on behalf of an aged care provider you may use the Website and download and print out a copy of Our Content for the internal business purposes of such aged care provider.

You must not (and must not attempt to or permit or encourage any other person to):

  • except as permitted by the licence set out above, use or copy any part of Our Content without our prior written consent;
  • use any text or data mining or web scraping tools in connection with the Website or Our Content;
  • translate, modify or tamper with Our Content or any part of the Website;
  • create derivative works of or from any part of the Website or Our Content;
  • sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms;
  • remove, obscure, obstruct, tamper with or alter any copyright marks, trade marks or other proprietary marks or notices on the Website or any of Our Content;
  • knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; or
  • attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

Linking to our Website

You may establish a link to the Website from a website which you own or control, provided that you do not do so in a way which:

  • breaches any applicable laws;
  • damages our reputation;
  • suggests any form of association, approval or endorsement on our part where none exists; or
  • embeds or frames any of the Website or Our Content in another website.

We reserve the right to withdraw your permission to link to the Website without notice, in which case you must immediately remove all relevant links to our Website.

Privacy

We may collect, use and store your personal information in accordance with these Terms, our [Privacy Policy] and applicable legislation, including for the purposes of making available the Website and Our Content, complying with our legal obligations, and improving the user experience in relation to the Website.

If you provide us with any personal information in respect of the Website or Our Content, you represent and warrant to us that:

  • you have complied with all applicable privacy laws;
  • we are able to use that personal information for the purposes set out in these Terms, our [Privacy Policy] and applicable legislation; and
  • the personal information you provide to us is complete and accurate.

Security

The Website uses the internet to provide services and information. By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your device.

We do not warrant or guarantee the security of the Website or any information you provide to us via the Website. You are solely responsible for the security of your device (including any software or data on that device) and for using appropriate and up-to-date software on your device to detect and manage the threat posed by viruses and other harmful code.

Non Excludable Guarantees

To the extent we are permitted to do so by law, we exclude from these Terms any term (including any representations, conditions and warranties), guarantee or right that may be implied or imposed, whether by statute, general law or custom. This does not apply in respect of any term, guarantee or right implied or imposed by law for which we are not able to exclude or limit our liability (Non Excludable Guarantees), which may include those imposed by the Australian Consumer Law. However, where we are able to limit our liability for breach of any such Non Excludable Guarantee, we limit our liability to the following remedies (the choice of which is will be at our sole discretion):

  • in the case of goods: the replacement of the goods or supply of equivalent goods; the repair of the goods; or the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  • in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

Disclaimers

To the extent permitted by law and subject to any Non Excludable Guarantees, we make no guarantee as to the availability, reliability or other performance of the Website.

We will use reasonable endeavours to generally make the Website and Our Content available to you. However, the availability and performance of the Website depends on various factors outside of our control, including your network connection and the functions, capacity and configuration of the device which you use to access the Website, and as such we cannot guarantee that:

  • you will be able to use the Website and/or Our Content at any time; or
  • your use of the Website will be continuous, uninterrupted, secure or error-free.

Our Content and other information available through the Website is provided for general information purposes for the aged care sector only and you acknowledge that it has not been created specifically for you or your organisation or to provide you or your organisation with any specific advice.

The information may also be subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could impact its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Website, including Our Content, is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using it.

Liability

You acknowledge and agree that your access to, and use of, the Website and Our Content is at your own risk.

To the extent permitted by law and subject to any Non Excludable Guarantees, you agree that we are not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss), whether in tort (including negligence) or otherwise arising out of, or in connection with the Website and/or Our Content, including (without limitation) in connection with

  • your use, and the use by anyone else in your organisation, of the Website or any of Our Content;
  • your inability to the Website or any of Our Content for whatever reason and however arising, including (without limitation) negligence;
  • any reliance you have placed on Our Content, including any decisions made by reference to Our Content; and
  • any interference with or damage to your device (or any software or data on your device) resulting from your use of the Website or Our Content.

Third party links

The Website may contain links to other websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content.

You acknowledge that you access such links at your own risk and we make no representations or warranties as to, and accept no responsibility or liability for:

  • your use of such links; and
  • the accuracy of information provided via such links on those websites, nor do we endorse any information, opinions, goods or services referred to on them.

Suspension, withdrawal of or changes to the Website

We reserve the right to:

  • immediately suspend, lock or terminate your access to and/or use of the Website and/or any of Our Content; and/or
  • withdraw, add, change or disable the Website and/or any of its features or components, including any of Our Content,

in each case at any time and for any reason, without notice to you.

If requested by us, you must immediately:

  • cease your use of the Website; and/or
  • destroy, expunge, disable or restrict access to any of Our Content that you have printed or downloaded, and any information derived or generated from that information.

General

We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy. Any waiver by us must be provided in writing.

If any provision of these Terms is found to be invalid by a court of competent jurisdiction, then the relevant provision may be severed from these Terms and the invalidity of that provision will not affect the validity of the remaining provisions.

These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and the courts having appeal from them.

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