Privacy Policy

1. Introduction

1.1 These Terms of Use apply to the access and use of the Inclusive Australia website, located at www.inclusiveaustralia.com.au (Site) and form a binding agreement between Inclusive Australia ABN 71621780827 (referred to in these Terms of Use as 'Inclusive Australia', 'we', 'us', or 'our') and any person ('you' or 'your') who uses the Site.

1.2 By using the Site, you agree to the terms and conditions of use set out below (Terms of Use), the Inclusive Australia Website Terms and Conditions (Website terms) and Inclusive Australia’s Privacy Policy. The use of the Site is conditional upon your acceptance and continued adherence to these Terms of Use. You should review these Terms of Use periodically to ensure you can, and wish to, comply with them. These Terms of Use are subject to change at any time without notice. Please refrain from using the Site if you do not wish to be bound by these Terms of Use.

1.3 To the extent there is any inconsistency between these Terms of Use and the Website terms, these Terms of Use shall prevail.

2. Website content and access

2.1 While Inclusive Australia endeavours to take reasonable care in preparing and maintaining the information on the Site originated by us, we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content on the Site (including without limitation, information on the Site posted by users of the Site). You acknowledge and accept that the website content on the Site may include technical inaccuracies and typographical errors. The website content on the Site is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

2.2 To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth):

a) the Site is made available to you 'as is' and without any warranties from Inclusive Australia that the Site is suitable for any particular purpose or will meet your particular requirements; and

b) Inclusive Australia disclaims all liability for losses directly or indirectly arising from your use of or reliance on the Site and the website content on the Site.

2.3 Inclusive Australia does not guarantee that access to the Site will be uninterrupted or that the Site is free from viruses or anything else which may damage any computer which accesses the Site or any data on such a computer.

2.4 Inclusive Australia reserves the right to modify, discontinue access to the Site (or any part), with or without notice, temporarily or permanently without liability to you or any third party.

3. Registration

3.1 You may be required to register for one or more accounts in order to participate in the Site (Account). If you register for an Account, you must complete each of the mandatory fields and provide the information specified on the relevant registration page (including your full name and address). The information you provide must be accurate, complete and up-to-date. If any of your information changes, you will need to update your registration information as soon as reasonably practicable.

3.2 By using the Site, you represent that you are at least 18 years old, and if you are younger than 18 years old, you are using the Site with the knowledge and consent of your parent or legal guardian.

3.3 You are solely responsible for all activities that occur through the use of your Account by you or any person acting on your behalf.

3.4 You must keep secure, and must not share, any login details for your Account. If you become aware of any unauthorised access or use of your Account, you must let us know immediately. If your negligent acts or omissions result in unauthorised access to your Account, you are solely responsible for all transactions conducted through your Account during the unauthorised access.

4. Conduct rules

4.1 You must ensure that any content you post, transmit or otherwise submit for inclusion on the Site (Content) does not:

a) include any material that:

i. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, likely to mislead or deceive, hateful, or racially, ethnically or otherwise objectionable;

ii. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as personal information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); or

iii. infringes any intellectual property rights (including patents, trademarks, trade secrets or copyright) or other proprietary rights of any party; and

b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

4.2 We are not responsible for screening Content for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove Content, messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or inappropriate. We also reserve the right to edit materials (including Content) for any other reason with our without notice to you.

4.3 You acknowledge and agree that in using the Site you will:

a) respect the views of other users of the Site (even if such views differ from yours);

b) limit your comments to those that are relevant to the discussion and which are ‘on-topic’; and

c) participate constructively in discussions and not intentionally incite annoyance or offence.

4.4 You acknowledge and agree that in using the Site you will not:

a) attempt to gain unauthorised access to the Site, other user accounts, computer systems or networks, through password mining or any other means;

b) stalk, bully, threaten or otherwise harass another user of the Site;

c) post personal information about another user of the Site or identify a staff member of Inclusive Australia by name;

d) submit a post or link to the Site to any inappropriate, offensive or illegal material;

e) interfere with another user’s use and enjoyment of the Site;

f) collect or store personal data about other users of the Site;

g) copy, download or otherwise distribute, any content, graphics, video, text or animation from the Site; or

h) make any unauthorised commercial use of the Site or any necessary software used in connection with the Site (Software) or create derivate works based on the Site or the Software, in whole or part.

5. Intellectual Property

5.1 All intellectual property in the content of the Site, including without limitation the text, Software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features is owned by or licensed to us and is protected by law, including but not limited to the Copyright Act 1968 (Cth). The Site may also contain third party material that is protected by law.

5.2 By submitting, posting or otherwise transmitting Content to the Site, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate your Content for any purpose (including, without limitation, for a commercial purpose), and the right to sub-license those rights to others. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in the Content.

5.3 You warrant that you have the right to grant the above licence and that our exercise of the licence rights above will not infringe the intellectual property rights of any person.

5.4 You acknowledge that Inclusive Australia (or any party we nominate) is entitled to use any or all Content which you submit to the Site for any purpose without requesting consent from you or providing you with any compensation.

6. Third party websites

The Site may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Inclusive Australia does not control, endorse, sponsor or approve any such third party websites or their content nor does Inclusive Australia provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

7. Limitation of Liability

To the maximum extent permitted by law (including the Competition and Consumer Act 2010 (Cth)), Inclusive Australia (and all of our subsidiaries, officers, employees, contractors and agents) excludes all liability for any loss or damage of any kind (including, without limitation, special, indirect or consequential loss, loss of business profits or loss of data) however caused (including negligence) arising out of or in connection with the Site (including, without limitation, your access and use of the Site or your Account), except to the extent that the loss or damage is caused by Inclusive Australia’s fraud or wilful misconduct.

8. Indemnity

You agree to indemnify and hold harmless Inclusive Australia (and all of our subsidiaries, officers, employees, contractors and agents) (each an Indemnified Party) from and against all loss, actions, proceedings, costs and expenses (including legal fees), claims and damages that any Indemnified Party may suffer arising directly or indirectly out of or in connection with:

a) your access or use of the Site (including, without limitation, your Content); and

b) any breach by you of these Terms of Use.

9. Account termination

Inclusive Australia may in its sole discretion and with or without notice to you, terminate your password, Account or use of the Site (or any part) and remove and discard any Content within the Site for any reason. If your Account or access to the Site is terminated for any reason, you must immediately cease using the Site. Termination does not affect any of our accrued rights or liabilities.

10. Privacy

10.1 You acknowledge that:

a) we collect personal information (including your personal information) when you register for an Account and use the Site; and

b) we may share the personal information we collect with certain third parties contracted to assist in the provision or administration of the Site.

10.2 The personal information we collect will be handled by us in accordance with Inclusive Australia’s Privacy Policy. Our Privacy Policy outlines how to access and/or correct your personal information or make a privacy-related complaint. You can contact our Privacy Contact Officer for any privacy-related queries at the contact details set out in our Privacy Policy.

11. Miscellaneous

Any part or provision of these Terms of Use that is deemed illegal or unenforceable by a Court of competent jurisdiction may be severed from these Terms of Use and the remaining provisions will continue in full force.

12. Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of State of Victoria, Australia. In the event that a dispute arises from these Terms of Use, each of Inclusive Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.