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Terms and Conditions

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1. Purpose of the Website

The nest what works for kids (WW4K) website is a publicly available searchable database of evidence-based programs, practices and tools (interventions) that contribute to improvements in the health and wellbeing of children and youth.

Registered users are able to submit evidence based research to this database, with information about additional programs, practices and tools, participate in online forums and receive alerts regarding content.

ARACY manage the content of the WW4K website using a structured assessment and review process and methodology which is defined herein.

2. Agreement to be bound by Terms and Conditions

The Australian Research Alliance on Children and Youth Ltd (ABN 68 100 902 921) ("ARACY, us, we, our,") offers the WW4K environment ("website") from the URL www.whatworksforkids.org.au ("WW4K"). By accessing using or browsing WW4K (whether or not you are registered for WW4K), or by continuing to do so, users ("you, your") expressly accept and agree to be legally bound by these terms and conditions ("Terms and Conditions").

You further acknowledge that ARACY reserves the right to change these terms and conditions from time to time. Any such changes will be notified on the WW4K website and you will be deemed to have accepted the changes by:

  1. continuing to use the WW4K website; and/or
  2. continuing to possess copies of any material obtained from the WW4K website or otherwise covered by these Terms and Conditions.

These terms and conditions are current as at 15/12/2014.

3. Eligibility and registration

ARACY can, in its absolute discretion, accept registration of users for WW4K from any person.

Users can register for WW4K by accessing the registration page and completing the required information.

By registering for WW4K you warrant that you have the capacity to understand, agree to and comply with these terms and conditions.

You must provide true, accurate and complete information in the registration process.

As part of the registration process, you will provide a username and password. You must keep your password secure and will be responsible for all activities occurring under your username and registration with WW4K. ARACY may refuse to grant you your requested username if it considers that user name to be inappropriate.

You are not permitted to share your username/password with any other individual.

You agree that selected elements of information you are required to enter as part of the user registration process will be available for public access. ARACY will determine which elements of user information will be selected for public access. ARACY reserves the right to change this information in its sole and absolute discretion.

You agree to receiving connection requests from other users of WW4K.

4. Intellectual property

With the exception of WW4K branding, content provided by third parties, and any material protected by a trademark, all textual material on the WW4K website is provided under the terms and conditions of the following licence.

In these Terms and Conditions, unless the context indicates otherwise, the following terms carry the following meanings:

"Adverse Use" means any use of ARACY Material that would:

(a) Be illegal or unlawful;

(b) Potentially cause damage to ARACY's reputation;

(c) Not be in accordance with the objects and purposes of the ARACY Material as reasonably determined by ARACY; or

(d) Constitute use of any trademark (whether registered or unregistered) owned by ARACY or any sign that is substantially identical with or deceptively similar to the said trademark(s) in order to distinguish, or for the purposes of distinguishing your goods and/or services from those of other persons.

"ARACY Material" means all material downloaded, copied, printed or otherwise obtained by you in any manner whatsoever in which ARACY owns Intellectual Property.

"Authorised Use" means any use of ARACY Material that does not constitute Adverse Use or Commercial Use.

"Commercial Use" means any use of ARACY Material as a result of which You, or an associated entity (as defined by s51AAA of the Corporations Act 2001 (Cth));

(a) Derive any profit;

(b) Obtain any payment; or

(c) Obtain any income or benefit in kind whatsoever.

"Intellectual Property" includes all copyright (including rights in relation to phonograms and broadcasts), all rights in relation to inventions (including patent rights), plant varieties, registered and unregistered trademarks (including service marks), registered designs, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

4.1 Subject to these Terms and Conditions, You are granted a royalty-free, nonexclusive licence, for the duration of the Term to use ARACY Materials for any Authorised Use, including:

(i) To reproduce the ARACY Material in material form;

(ii) To publish the ARACY Material;

(iii) To perform the ARACY Material in public

(iv) To communicate ARACY Material to the public;

(v) To make an adaptation of the ARACY Material;

(vi) To do in relation to a work that is an adaptation of the ARACY Material, any of the acts specified in (i)-(v) above.

4.2 The licence granted by clause 4.1 is subject to these

Terms and Conditions and by agreeing to them, you agree not to use ARACY Material for any Adverse Use or Commercial Use.

4.3 ARACY retains ownership of all Intellectual Property contained in ARACY Material and the grant of the licence described in clause 4.1 does not constitute a grant, waiver or other limitation of any right that ARACY has as the owner of the Intellectual Property in ARACY Material.

4.4 You or your licensors will continue to own your User Material, and may continue to use it and license it to any other persons, in accordance with the provisions of Clause 10 - User Material below.

5. Republishing material from our website

5.1 When exercising your rights to use ARACY Material pursuant to the licence conferred by clause 4.1, You must comply with the applicable usage rules established by ARACY, which are set out in clause 5.4 ("the Terms of Usage"). Any other use of ARACY Material will constitute an infringement of the licence conferred by clause 4.1 and ARACY's Intellectual Property rights.

5.2 ARACY reserves the right to modify the Terms of Usage at any time by written notice to you, which modification will take effect upon Your deemed acceptance of the same pursuant to clause 19.

5.3 You agree that ARACY may suffer irreparable harm if the Terms of Usage are breached for which damages will not be an adequate remedy and that ARACY may enforce the Terms of Usage without notice to you, including by seeking urgent injunctive relief, without needing to prove actual damage.

5.4 As at the date on which you accept these Terms and Conditions, the Terms of Usage are as follows:

(a) You must attribute ARACY's authorship and ownership of Intellectual Property upon reproduction, copying, modification or adaptation of ARACY Material, preserve any copyright notices appearing on the ARACY Material and include a hyperlink to these Terms and Conditions in any copy, reproduction or derivative work;

(b) You may use ARACY Material for a Commercial Use only if you obtain ARACY's prior written agreement;

(c) You must not use ARACY Material in any manner that amounts to Adverse Use; and

(d) You must not infringe, in any way, upon any moral rights (as defined in Part IX of the Copyright Act 1968 (Cth)) subsisting in ARACY Material;

5.4 Content that is copyrighted by a third party is subject to the licensing arrangements of the original owner. Before you can copy, reproduce, distribute or build upon any material from our website that contains a copyright notice or licensing terms that differ from these Terms and Conditions (for example, material in which a third party owns the Intellectual Property), you must obtain our prior written consent. Contact us at ww4kproject@aracy.com.au.

6. Material obtained from 3rd parties

When you submit your content to this website, you represent and warrant that you have the authority to do so and that you own or are entitled to licence all copyright in it.

By submitting your content to this website you agree to make it available to the rest of the world under the licence conferred by these Terms and Conditions. You also agree that ARACY may make sub-licence the said content to the Commonwealth of Australia on terms whereby the Commonwealth is entitled to use, reproduce, publish, adapt and exploit any intellectual property rights in the said content for any Commonwealth purpose. You agree that ARACY may grant the said sub-licence to the Commonwealth on terms that it is permanent, irrevocable, free, worldwide, non-exclusive and including a right of the Commonwealth to further sub-licence.

Do not provide your content to the WW4K website;

  • If you do not have authorised consent to do so from the copyright owner; or
  • If you do not agree for this content to be shared to the rest of the world under the licences conferred by these Terms and Conditions.

7. Comments recorded on the WW4K Website

When you submit a comment to this website, you or the copyright owner (as the case may be) retain ownership of copyright in it. By submitting a comment to this website you agree to make it available to the rest of the world under the licence conferred by clauses 4 and 5 of these Terms and Conditions.

If you have made a comment unaware of this policy and you are unhappy about it, please contact us at ww4kproject@aracy.org.au and we will remove your comment from the WW4K website.

8. Use of images

Unless otherwise stated, all images (including background images, icons and illustrations) on the WW4K website are copyrighted by their original owners.

9. Personal information and the Privacy Statement

ARACY deals with the accessibility and collection of personal information in accordance with the Commonwealth of Australia Privacy Act 1988 (Cth).

In using WW4K you may give us personal information in respect of which you have certain rights. By accessing and/or using WW4K you acknowledge that your information will be added to ARACY database for the purposes set out in, and held in accordance with, ARACY third party privacy policy ("Privacy Policy").

You grant ARACY consent to use your personal information in accordance with the Privacy Policy (see below) and acknowledge that these terms and conditions should be read in accordance with the Privacy Policy.

Your personal information will be used to enhance the utility of the WW4K website relevant to your interests, including notification of changes to content.

ARACY agrees to not release your personal information to any third parties without prior written consent by you.

A copy of the Privacy Policy (refer here) can be found on the ARACY website at http://www.aracy.org.au/privacypolicy.

10. User Material

WW4K may contain material uploaded, posted, emailed or otherwise electronically transmitted ("posted") by users of WW4K, including you ("User Material"). You are solely responsible for your conduct and for any User Material which you have posted.

Unless where clearly indicated otherwise, ARACY does not monitor, exercise editorial control over or check the truth or accuracy of any User Material.

To the maximum extent permitted by law, ARACY makes no warranties, express or implied, as to the content and does not assume any responsibility for the accuracy or completeness of User Material. However, ARACY reserves the right to (but has no obligation to);

  • access, remove, edit or examine any User Material in its absolute discretion; and
  • move, remove or disable access to User Material which ARACY considers, in its sole opinion, to breach these terms and conditions or to be otherwise unacceptable.

You further acknowledge that ARACY may in its absolute discretion remove User Material posted by you.

ARACY reserves the right to establish and act in accordance with guidelines including but not limited to guidelines as to storage of data on WW4K. To the maximum extent permitted by law, such guidelines will not impose any contractual obligations upon ARACY or have the effect of imposing liability (including, without limitation, in tort, in negligence, for breach of contract, at common law, in equity or under statute) upon ARACY.

You agree that ARACY has no responsibility or liability for the deletion of or failure to store any User Material. We recommend that you backup or take copies of any User Material which you post. In relation to any User Material posted by you:

  • you represent and warrant that the material is not confidential to or owned by any other person and that you have the right to post the User Material in accordance with these Terms and Conditions; and
  • you represent and warrant that the use of the material by ARACY is not illegal or defamatory and will not expose ARACY to any civil or criminal liability, including but not limited to a warranty that the material is not misleading or deceptive or likely to mislead or deceive.

You acknowledge that, because ARACY receives funding from the Government of the Commonwealth of Australia, any User Material that you submit may be subject to the provisions of the Archives Act 1983 (Cth) and the Freedom of Information Act 1982 (Cth). You agree that ARACY may deal with any User Material you submit in such as manner as is necessary in order for ARACY to comply with that legislation, including by providing the User Material to the Commonwealth.

You or your licensors will continue to own your User Material, and may continue to use it and license it to any other persons. By posting any User Material, as per Section 4 - Intellectual Property above you grant ARACY a licence to use, modify, publically perform and display, reproduce and distribute your User Materials solely for the purposes of WW4K website ("the Licence").

The Licence is royalty free (meaning ARACY does not have to pay you for use of the User Material in this manner), sub licensable (so that ARACY can grant the Licence to other users, and so that ARACY can use its subcontractors who provide services to WW4K) and worldwide (because the User Materials are accessible globally on the Internet).

The Licence terminates when you request the removal of your User Material from public access on WW4K except that:

  • the Licence will continue for the continued use of your User Material by other users of WW4K who may have legitimately obtained your User Material when it was posted on WW4K ; and
  • ARACY may retain backup and archived copies of your User Material.

11. Your conduct

You must use WW4K responsibly and in compliance with all applicable laws.

In using WW4K you must not:

11.1 Do anything that would give rise to criminal or civil liability for either yourself or ARACY;

11.2 Harvest or collect email addresses or other personal information;

11.3 Use WW4K in a manner which would interfere with or disrupt other users, services or equipment;

11.4 impersonate any person or entity, or falsely state or otherwise misrepresent yourself;

11.5 upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

11.6 post inflammatory, abusive, profane, threatening or offensive comments or other User Material;

11.7 post spam or junk mail;

11.8 post material that infringes the Intellectual Property rights of any other person;

11.9 reproduce posts or other User Material without the written consent of the author; or

11.10 use any User Material or any other material obtained from WW4K in a manner that could be prejudicial to ARACY's reputation.

12. Termination and Disablement of User Accounts

You acknowledge that ARACY reserves the right to disable your user account and terminate these Terms and Conditions in any of the following circumstances:

12.1 if you commit a breach of these Terms and Conditions, including the terms of the licence conferred by clause 4;

12.2 that are inactive for an extended period of time;

12.3 as a result of a decision to discontinue WW4K; and

12.4 for any other reason in the sole discretion of ARACY.

Despite any termination, clauses 10-User Materials, 12-Termination and Disablement of User Accounts, 15-Indemnity and 16-Limitation of Liability will survive and remain in full force, as will any licences and consents with respect to Intellectual Property and moral rights (as defined by Part IX of the Copyright Act 1968 (Cth)) that you have granted to ARACY. You may terminate your registration on the WW4K website by emailing your request to this email ww4kproject@aracy.org.au.

In the event that your registration on the WW4K website is terminated for whatever reason, the following provisions apply:

12.5 any Intellectual Property licences conferred by these Terms and Conditions will terminate and you will cease to have any rights to use ARACY Material or User Material;

12.6 you must return all material obtained from the WW4K website in which ARACY or a third party owns the intellectual property rights (including ARACY Material and User Material) and destroy any copies remaining in your possession; and

12.7 you must not access, or attempt to access, the WW4K website.

13. Variation of WW4K

You acknowledge that ARACY may, at its sole discretion and with or without notice:

13.1 vary any part of WW4K; and

13.2 modify or discontinue WW4K or any part of it,

and that ARACY will have no liability towards you, howsoever arising (including, without limitation, in tort, in negligence, for breach of contract, at common law, in equity or under statute) as a result of such variation, modification or discontinuance.

14. Third party pages

WW4K may contain links to other third party websites. ARACY is not responsible for any content found on a third party page, or any site of which it forms a part. You must determine whether any page is part of WW4K each time you follow a link to that page. The selection or omission of links is not intended to endorse any particular companies or products.

ARACY may not have, and does not warrant that it has in any circumstances, reviewed any URL linked to or from any part of WW4K.

15. Indemnity

By using WW4K you agree to indemnify ARACY from and against all liability for any loss and damage, claims made against it or costs incurred (including legal costs assessed on a full indemnity basis) which results from your breach of these terms and conditions or your use of WW4K.

16. Limitation of liability

Neither ARACY nor its affiliates will be liable for any direct, indirect, incidental, special and/or consequential damages or loss of profit whatsoever resulting from any use or access to, or inability to use or access, WW4K.

Use of WW4K is at your own risk.

ARACY makes no warranties as to the accuracy or completeness of User Material or any other matter appearing on WW4K and excludes liability to the extent permitted by law for any User Material and any use or reliance on User Material or other matter appearing on WW4K is strictly at the risk of the User.

The views and comments expressed on WW4K are not necessarily the views of ARACY.

Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Schedule 2 of the Competition and Consumer Act 2010 (Cth), and corresponding provisions of State or Territory legislation which contain provisions including implied terms and warranties that operate to protect the consumers of goods and services in various circumstances.

If any condition or warranty is implied into these terms and conditions under the Competition and Consumer Act 2010 (Cth) or any equivalent State or Territory legislation and cannot be excluded, and ARACY is able to limit your remedy for a breach of such a condition or warranty, then the liability of ARACY for breach of the condition or warranty is limited to the following:

  • in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Subject to ARACY's obligations under the implied conditions and warranties referred to in this clause, the maximum aggregate liability of ARACY for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to AUD$100.

17. Moral Rights

You consent to the performance of the following acts with respect to any content that you submit to ARACY by ARACY and/or the Commonwealth, including any person(s) claiming through them:

(a) using, reproducing, adapting or exploiting all or any part of the said content, with or without attribution of authorship;

(b) supplementing the said content with any other material; and

(c) using the said content in a different context to that originally envisaged,

18. User Content Review

If you accept these Terms and Conditions, you will be able to submit content to ARACY for publication on the WW4K website.

ARACY will use its best endeavours to assess and rate any content that you submit for publication using a prescribed methodology, published on the WW4K website, as determined by an Expert Panel appointed by ARACY ("review methodology").

ARACY reserves the right to modify the review methodology from time to time by publishing the review methodology as modified on the WW4K website.

Any review methodology does not impose any contractual obligations on ARACY and ARACY will not be held liable for any failure to observe the review methodology. Notwithstanding the existence of any review methodology:

  • ARACY reserves all rights to determine whether or not to publish any content you submit;
  • ARACY has rights to de-publish any content you submit solely at its own discretion; and
  • any decision by ARACY whether to publish any content you submit is final and ARACY will have no liability towards you (including, without limitation, for breach of contract or negligence) as a result of ARACY's publication, or refusal to publish, any content that you submit, regardless of the existence of any review methodology and/or the reason(s) for the publication or refusal.

19. General

ARACY does not guarantee that WW4K is free from computer viruses or anything else which can be harmful to electronic devices. ARACY will have no liability towards you (including, without limitation, in tort, in negligence, for breach of contract, at common law, in equity or under statute) as a result of any loss or damage (howsoever occurring) caused by any computer viruses or anything else on the WW4K website.

Any right or obligation under these Terms and Conditions is governed by the laws in force in Australian Capital Territory and the parties submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory, Australia in respect of any action that arises under these Terms and Conditions.

These Terms and Conditions may be varied by ARACY from time to time in its sole and absolute discretion by ARACY giving you written notice (including by way of electronic communication). Such a variation of these Terms and Conditions becomes effective if you continue to use the WW4K website after ARACY sends you such a notice.

The failure of ARACY to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision in that or in any instance. Any waiver by ARACY of any right or provision of these Terms and Conditions must be in writing and only operates to the extent expressly set out in the waiver.

If any provision of these terms and conditions are held to be invalid, unlawful void or otherwise unenforceable, then that provision will be read down so as to make it valid, lawful and enforceable, or if it cannot be so read down, will be deemed severed from these terms and conditions and will not affect the validity and enforceability of any remaining provisions, provided that these Terms and Conditions as so read down or severed (as the case may be) still operate to give effect to the intentions expressed in these Terms and Conditions.

You acknowledge that your electronic submissions constitute your agreement and intention to be legally bound by these Terms and Conditions. Your selection of "I Agree" at the conclusion of this Agreement is deemed a signature within the meaning of section 10 of the Electronic Transaction Act 1999 (Cth).

If you have any questions about these terms and conditions, please contact ARACY at this email ww4kproject@aracy.org.au.

© 2014 ARACY