These terms and conditions (“Terms”) apply to the entire website under the top level domain name leadership.opencourses.net.au (“Website”) and form a binding contractual agreement between “you”, the user of the Website, and the Northern Territory of Australia as represented by the Department of Education (“the Department”, “we” or “us”).
These Terms are important – please read them carefully. Your use of the Website is an acknowledgement that you have read these Terms and constitutes your agreement to abide and be bound by these Terms. Should you have any questions in relation to these Terms, you should contact us at email@example.com before you use the Website. By using and continuing to use the Website you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree with any of the Terms, do not use the Website and you must leave the Website immediately.
If you breach any of the Terms, you are prohibited from continuing to use the Website regardless of whether you are able to continue to access the Website.
We may, without notice, update or otherwise change these Terms periodically, and any such changes will be posted to this page. Your continuing use of the Website constitutes your agreement to be bound by any such changes. We are not obliged to notify you of any changes but will endeavour to alert you to any significant changes.
- 1.1 Whilst every effort has been made to ensure the information contained in this Website is correct and current at the time it was first published on the Website, to the full extent permitted by applicable law we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products or services contained on the Website for any purpose. To the full extent permitted by applicable law, the information contained on the Website is provided in good faith, purely for informational purposes only and on an “as is” basis. Any reliance you place on the information contained on the Website (including the currency, accuracy and completeness of training packages) and any action you take in reliance on such information is strictly at your own risk.
- 1.2 This Website contains text, graphics, images and information which is provided as strictly general information only. We make no representation that the information contained on the Website is advice which can or should be relied on by any individual.
2. Copyright Licence
- 2.1 This Website and its content are subject to the Creative Commons Attribution-Noncommercial-No Derivs 3.0 Licence Australia as represented by the following notation:
- This means that you can:
- (a) share, copy and redistribute the Work in any medium or format, provided that you:
- (b) give appropriate credit, provide a link to the licence, and indicate if any changes were made to the Work. You may do so in any reasonable manner, but not in any way that suggests that we endorse you or your use;
- (c) do not use the Work for commercial purposes;
- (d) do not distribute the modified Work if you remix, transform or build upon the Work, and
- (e) do not apply legal terms or technological measures that legally restrict others from doing anything that the licence permits.
- 2.2 The full terms of the licence can be found here.
- Our Rights Retained2.3 Subject to the above terms, the Licence granted is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding this, we reserve the right to release the Work under different licence terms or to stop distributing the Work at any time. However, any such release will not serve to withdraw this Licence (or any other licence that has been granted under the terms of this Licence), and this Licence will continue in full force and effect unless terminated as stated above.
- Licence to Recipients of the Work from You2.4 Each time you Distribute or publicly perform the Work, a Derivative Work or a Collection we offer the recipient a licence to the Work on the same terms as are granted to you under this Licence.
3. Your Responsibilities
- 3.1 You acknowledge and agree that:
- (a) we may alter, amend or cease the operation of the Website at any time in our sole discretion;
- (b) we retain the right in our sole discretion to remove any content or information you add or post on the Website if we believe that it violates these Terms or for any other reason; and
- (c) the Website may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
- 3.2 You agree not to add any content or transmit to the Website any material which:
- (a) is, or could reasonably be considered to be, threatening, defamatory, obscene, offensive, inappropriate, disparaging, indecent, pornographic, abusive, discriminatory, seditious, blasphemous, liable to incite hatred or is in breach of confidence or privacy;
- (b) is proprietary or is not properly licensed, approved or otherwise permitted for use on the Website;
- (c) would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- (d) violates or infringes the copyrights, trademarks, service marks or other proprietary rights of any person;
- (e) constitutes or encourages an illegal act – including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world;
- (f) infringes on the rights of a third party in any country in the world;
- (g) has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code); or
- (h) that would bring us, or the Website, into disrepute.
- 3.3 In using the Website, you must not:
- (a) breach any laws and regulations, or use the Website for any purpose that is unlawful or in breach of these Terms;
- (b) attempt to “hack” the Website. This includes “phishing”, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to;
- (c) knowingly transmit any virus, corrupt files or any other software or function that may damage the operation of the Website or other disabling feature to the Website, or
- (d) interfere with or inhibit other users from enjoying or using the Website.
- 3.4 You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We take no responsibility for any such damage which may arise in connection with your use of the Website.
- 3.5 The Website is intended for use by residents of Australia only. However, this Website may be accessed from countries other than Australia and if you access and use the Website outside Australia you are responsible for complying with your local laws and regulations.
4. Images of Aboriginal and Torres Strait Islander People
- 4.1 This Website may contain the names and images of Aboriginal and Torres Strait Islander people now deceased. This Website may also contain links to other sites that may use images of Aboriginal and Islander people now deceased. We respect cultural sensitivities and will take reasonable steps to stop the use of your name and image on the Website once we have received written notice that you have passed away. However, despite those efforts, your name and image may still be published and distributed or remain in circulation. Please contact us at firstname.lastname@example.org if you have any concerns, or you wish to contact us about names and images that should be removed.
5. Third Party Sites
- 5.1 The Website may contain links to third party sites. We have not reviewed these websites and cannot vouch for the content on their pages. We are not responsible for the condition or content of those sites. You access those sites and/or use the site’s products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement, sponsorship or approval by us of the sites or the products or services provided on such sites.
- 5.2 You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand, we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link immediately upon our request for you to do so.
6. Intellectual Property Rights
- 6.1 Nothing in these Terms constitutes a transfer of any intellectual property ownership rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.
- 6.3 By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- 6.4 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- 6.5 The licence in clause 6.3 and the consent in 6.4 will survive any termination of these Terms.
- 6.6 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 6.3 and 6.4.
- 6.7 “LEADERSHIP” and “LEADERSHIP” device and the names of any products or services referenced on this Website, whether or not appearing in bold characters or with the trademark symbol ® or TM are trademarks of the Department. Except for purposes of attribution as required by the Licence, you may not use our names or logos, the Department name or Department logo or any variations thereof, without our prior written consent. You may not use any of these in any of its forms for promotional purposes, or in any way that deliberately or inadvertently claims, suggests, or in our sole judgment gives the appearance or impression of a relationship with or endorsement by us.
- 7.1 You represent and warrant to us that:
- (a) you are 18 years of age or older; or
- (b) if you are younger than 18 years of age, you have the consent of your parent or guardian or an appropriate qualified supervisor to use the Website; and
- (c) you have complied with clause 3 (Your Responsibilities).
- 8.1 To the full extent permitted by law, the Department and its employees, agents and consultants exclude all liability in respect of loss of data, interruption of business or damage (including consequential, special or incidental damage) arising from the use of, or reliance on, any information on the Website whether or not caused by any negligent act or omission.
- 8.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
- 8.3 We reserve the right to cancel, interrupt, reschedule or modify the content of any part of the Website and we will not be liable for any loss as a result of this.
- 8.4 The content on this Website, linked websites and social media sites may include views or recommendations of third parties which do not necessarily reflect our views or indicate its commitment to a particular course of action. To the maximum extent permitted by applicable law, we will not be liable for any direct, indirect, incidental or punitive damages, including loss of profits, good will or intangible losses resulting from any delay in removing or failure to remove content from the Website or any linked social media site after receiving a request for removal even if we knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute.
- 8.5 You indemnify and hold us harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of or in any way connected to any:
- (a) act or thing done by us in good faith and purportedly pursuant to a right granted to us under these Terms;
- (b) breach by you of any of the provisions of these Terms;
- (c) any willful, unlawful or negligent act or omission by you.
- 8.6 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If any law prohibits the exclusion of such warranties, conditions or obligations, the Department limits its liability to the extent permitted by law, to the re-supply of the information.
- 9.1 These Terms terminate automatically if, for any reason, we cease to operate the Website.
- 9.2 We may otherwise terminate these Terms immediately, on notice to you (solely at our option), if you have, in our reasonable opinion, breached these Terms in any way. Individuals or entities who have received a Derivative Work or a Collection from you pursuant to these Terms (including the Licence), however, will not have their licences terminated provided they remain in full compliance with these Terms.
- 9.3 Clauses 1 (Disclaimer), 2 (Copyright Licence), 4 (Images of Aboriginal and Torres Strait Islander People), 6 (Intellectual Property Rights, 7 (Warranties), 8 (Liability), 9 (Termination), 10 (Disputes), 11 (General), 12 (Privacy) and 14 (Governing Law and Severability) shall survive the termination of these Terms.
- 10.1 Prior to resorting to any external dispute resolution process, you and we agree to use best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms. Please notify us in writing at email@example.com of any dispute you may have in respect of these Terms.
- 11.1 You must not assign, sublicense or otherwise deal in any other way with any rights or obligations under these Terms whether in whole or in part – except as permitted under these Terms. Any unauthorised assignment, sublicense or other dealing shall be deemed null and void.
- 11.2 If we do not act gin relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches.
- 11.3 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
- 12.1 Your privacy is important to us and we value your personal information. “Personal Information” is government information from which a person’s identity is apparent or is reasonably able to be ascertained. If you have any questions relating to our practices, you can contact us at firstname.lastname@example.org.
- 12.2 The Information Privacy Principles (“IPP”), as set out in Schedule 2 of the Information Act (NT), protect the privacy of personal information held by the Northern Territory Government by ensuring that it may only collect information necessary for its functions, activities and services. The Information Act can be read in full here. The Department complies with the IPP. To this end:
- (a) We only collect personal information that is necessary for us to provide the Website to you, including developing and improving the Website from time to time. The only personal information we collect in respect of the Website are:
- (i) your login; and
- (ii) your email address.
- (i) the type of browser you are using;
- (ii) your traffic patterns through the Service;
- (iii) the date and time of your visit to the Service;
- (iv) the pages you accessed and Content downloaded;
- (v) the previous page you visited prior to accessing the Service; and
- (vi) the Internet address of the server accessing the Service.
- 12.3 The personal information that we collect is used for website and system administration, including customisation of the Website to an individual, and research and development. We will not disclose your personal information to a third party, unless required by law or otherwise stated.
- 12.4 You may, on a voluntary basis, in the course of using any part of the Website, supply additional personal information to us, for example, when:
- (a) commenting on Content; or
- (b) requesting information via email.
- 12.5 We do not add any details from your email to a mailing list unless you have specifically requested that we do this. We do not disclose these details to third parties without your consent unless required by law or you have expressly authorised us to do so. We may disclose your email details to the relevant authorities if necessary to protect the safety of the public or to protect the rights and property of the Northern Territory or of the Department. Our Internet Service Provider may monitor email traffic for system trouble shooting and maintenance purposes only.
- 12.6 The Website contains links to other Government and non-Government organisations which may use other monitoring tools or collect and manage information via methods other than those described above. You are advised to check the privacy statements on the relevant web site.
- 12.5 We do not add any details from your email to a mailing list unless you have specifically requested that we do this. We do not disclose these details to third parties without your consent unless required by law or you have expressly authorised us to do so. We may disclose your email details to the relevant authorities if necessary to protect the safety of the public or to protect the rights and property of the Northern Territory or of the Department. Our Internet Service Provider may monitor email traffic for system trouble shooting and maintenance purposes only.The Website contains links to other Government and non-Government organisations which may use other monitoring tools or collect and manage information via methods other than those described above. You are advised to check the privacy statements on the relevant web site.
- 13.1 The Department has endorsed the World Wide Web Consortium’s Web Content Accessibility Guidelines version 2.0 (WCAG 2.0) and the Australian Government’s Web Accessibility National Transition Strategy (NTS).
- 13.2 Notwithstanding our commitment under clause 13.1, the Service has been created specifically to provide services to remote Indigenous learners and you acknowledge that, accordingly, there are certain limitations to the Service. If you are a user based in the Northern Territory and you have issues accessing the materials or otherwise accessing the Services, contact us at email@example.com and we will take reasonable steps to assist you to gain access. We make no other representation or warranty in respect of users who do not fall within our targeted audience specified above.
14. Governing Law and Severability
- 14.1 If any provision of these Terms is held by a competent authority to be invalid or unenforceable or otherwise becomes illegal, in whole or in part, it is to be read down or severed to the extent necessary and the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.
- 14.2 These Terms are governed by the laws of the Northern Territory, Australia and each party submits to the jurisdiction of the courts of the Northern Territory.