Terms & conditions
1. Who we are and how to contact us
https://toolkit.studyaustralia.gov.au/ (the Toolkit) is a website operated by the Commonwealth of Australia, as represented by the Australian Trade and Investment Commission at Level 1, Nishi Building, 2 Philip Law Street, New Acton, Canberra, Australia (Austrade, we, us or our). To contact us, please email firstname.lastname@example.org
2. Our agreement with you
You have entered into this agreement with us by registering with the Toolkit on behalf of yourself (or as a legal entity) and using the content and licensing services provided relating to the Assets.
Your use of the Toolkit and its Assets is subject to the following terms and conditions and any other terms, conditions, disclaimers displayed elsewhere on www.austrade.gov.au which constitutes a binding agreement between you and us.
3. Changes to these terms and conditions
We may amend or update these terms and conditions. If we materially change these terms, we will provide you with reasonable advance notice and the opportunity to review the changes except in urgent situations. If you do not agree to the new terms and conditions, you should stop accessing the Toolkit and using the assets. The current version of the terms and conditions applicable to your access to and use of the Toolkit and Assets is displayed at the time of access. By continuing to use the Toolkit or use the Assets, you agree to be bound by any changes.
4.1 The Toolkit contains (together, the Assets):
4.2 The Toolkit is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of this site.
4.3 Although we make reasonable efforts to update the information on the Toolkit, we make no representations, warranties or guarantees, whether express or implied, that the content on this site is accurate, complete or up-to-date.
5. Your account
5.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
5.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
6.1 Grant of non-exclusive licence
6.2 Ownership of Assets and nature of your rights
You acknowledge and agree:
6.3 Your obligations and limitations concerning the use of the Assets
7.1 Nothing in this agreement limits or excludes our liabilit
7.2 Subject to clause 7.1 we will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this agreement, including any:
7.3 Subject to clause 7.2, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with this agreement, including any breach by us of this agreement however arising, in tort (including negligence), under any statute, custom, Law or on any other basis, is limited to the amount of $100.
7.4 This clause will survive termination of this agreement.
8. Intellectual property rights
8.1 All Intellectual Property Rights subsisting in, relating to or arising out of this Toolkit, including the Assets, are owned by and vest in Austrade (or its licensors).
8.2 You acknowledge that you must not represent to own any of the Assets or do anything which may adversely affect Austrade’s Intellectual Property Rights in the Assets.
8.3 If requested by us, you must ensure that whenever any of the trade marks in the Assets are used there appears the statement: "[specify trade mark] [®/™] is a trade mark of Austrade and is used under licence", or another statement of equivalent meaning approved by us.
8.4 You must ensure that all goods or services in respect of which you use the Assets and all packaging, advertising and promotional material and other material or documentation relating to such goods or services are of a high standard, comply with all applicable Laws and are consistent with the reputation and goodwill of Austrade.
9.1 Actual, suspected or threatened infringement
If you become aware of any actual, suspected or threatened infringement of any of the Assets or any passing off or a breach of the Australian Consumer Law (schedule 2 to the Competition and Consumer Act 2010 (Cth)), any State Fair Trading Acts, the Trade Marks Act 1995 (Cth) or the Copyright Act 1968 (Cth) in connection with the Assets (Infringement), then:
9.3 Assistance in disputes
At our request, you must render your fullest co-operation and assistance to us in any dispute, litigation or settlement in relation to the Assets, including in relation to any Infringement.
10.1 You agree to indemnify and keep us indemnified against all actions, Claims, losses, liabilities, costs or expenses (including reasonable legal costs or expenses) which may be brought against or suffered or incurred by us, arising directly or indirectly out of or in relation to your breach of this agreement, and in particular any infringement of our Intellectual Property Rights in the Assets.
10.2 This indemnity shall survive termination of this agreement.
11. Records, reporting and audits
11.1 We reserve the right to monitor your use of the Assets for the purpose of determining if your conduct complies with the terms and conditions of this agreement and the Licence.
11.2 You must provide us with all relevant information and documentation as we may reasonably request in relation to your use of the Assets.
12. Term and termination
This agreement commences on the date you register with the Toolkit and continues until the agreement is terminated in accordance with the terms set out in this clause 12.
12.2 Termination on notice
Each party in its absolute discretion may terminate this agreement immediately (including the Licence) at any time by giving written notice to the other party.
12.3 Our other rights to terminate
We may terminate this licence immediately (or at any later time) by notice in writing if:
12.4 Consequences of termination
Upon termination of this agreement for whatever reason:
12.5 All provisions of the terms which by their nature should survive termination shall do so, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
13.1 We use your personal information for the purposes of providing you with the services set out in the Toolkit, your registration form and any Order Form, and to update you accordingly in relation to such services.
14.1 You must not or purport to assign, sub-license or transfer any of your rights or obligations under this agreement without our prior written approval.
14.2 You may send notices to us in writing and to the address specified at the beginning of this agreement or by email to firstname.lastname@example.org
14.3 We will send notices to you at the email address in your registration form or most recent Order Form. It is your responsibility to keep your registration information current to receive notifications.
14.4 A notice is deemed to be received:
but if the delivery or receipt is on a day which is not a Business Day or is after 4:00pm (addressee’s time) it is deemed to be received at 9:00am on the following Business Day.
14.3 This agreement contains the entire agreement between the parties and supersedes all previous negotiations, understandings and agreements.
14.4 Each party must do everything necessary, or reasonably required, by the other party, to give effect to the intentions of the parties as expressed in this agreement.
14.5 Failure or omission by either party at any time to enforce or require strict or timely compliance with any provision of this agreement will not affect or impair that provision in any way or the rights of the relevant party to avail itself of the remedies it may have in respect of any breach of such provision.
14.6 This agreement is governed by the laws of the Commonwealth of Australia and the parties submit to the non-exclusive jurisdiction of its courts.
14.7 If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement, but the rest of this agreement is not affected.
The following apply in the interpretation of this agreement, unless the context requires otherwise.