1. Website Terms and Conditions
1.1 www.coolaustralia.org (“Website”) is operated by Cool Australia Limited as trustee of the Cool Australia Trust ABN 52 435 794 034 (“Cool Australia”).
1.2 Your access to, and use of, the Website is conditional on your acceptance and compliance with the terms set out here and elsewhere on the Website (together “Terms”). Use of some aspects of the Website may be subject to additional terms, which will supplement these Terms and prevail to the extent of inconsistency.
1.3 Cool Australia may amend the Terms at any time, and will flag this on the homepage. You should visit this page to review the Terms when that happens.
1.4 By continuing to access the Website, you accept, and agree to comply with, the Terms and any amendments so flagged by us. If you disagree with them, you may (as your sole remedy) immediately discontinue using the Website. If you breach the Terms, your right to use and access the Website automatically ceases.
2. Intellectual Property Rights
2.1 Information, graphics, images, videos, advertisements and other content (“Material”) on this Website has been provided by a variety of agencies and stakeholder companies. Ownership of copyright in that Material (other than in the material provided by third parties such as our sponsors), is owned by Cool Australia. The Material may not be passed off as your own. Please do not frame any part of this Website without our prior written permission. However, you may establish text links to this Website.
Material contained on this Website can be downloaded, copied and communicated by users who are covered by statutory licensing arrangements with the Copyright Agency Limited (this includes schools, students, teachers and other educational institutions), for educational non-commercial purposes. Otherwise, such information may not be copied, modified, distributed or communicated, without our prior written permission.
If you would like to republish versions of this Website in other publications, for example by using a picture of the Website home page, please contact Cool Australia directly by letter or as instructed in the Contact section of this website. These requests will be assessed on a case-by-case basis.
3. Your Use of the Website
3.1 You must not use this Website in any way or for any purpose that is unlawful, or violates Cool Australia’s rights, or breaches these Terms. You MUST NOT:
(1) disrupt, damage, impair or interfere with the Website or any servers, software, hardware or equipment connected to it;
(2) restrict or inhibit any other user from using or enjoying the Website;
(3) attempt to bypass any firewalls associated with the Website, or to distribute or transmit junk or spam email or any Material containing a virus or other harmful code;
(4) breach any applicable law (in any country) regarding your use of the Website;
(5) try to reverse engineer, decompile or disassemble any part of the Website;
(6) try to modify, adapt, translate, or sell the Website, or any part of it or any Content on it (other than your own Content);
(7) use the Website to undertake, show or distribute details of any non-Cool Australia competition, survey, scheme or chain letter or to falsely represent (i) your identity or (ii) that you are related to or affiliated with any other person or entity; or
(8) access any part of this Website that you are not authorised to use (including but not limited to trying to circumvent any security measures put in place).
4. User-Generated Content
4.1 You are responsible for:
(1) the suitability, uploading, downloading, use, operation, communication, accuracy and legality of any content you upload, send or communicate to the Website (“Content”) – and you acknowledge that Cool Australia does not monitor, install, configure, download, review, authorise, edit or alter such Content;
(2) backing up your Content.
4.2 You authorise and license us to copy, reproduce, communicate, distribute, perform and display the Content for the purposes of providing the Website and any associated services to you.
4.3 You warrant that the Content and your use and provision of it:
(a) complies with all applicable laws (of any country);
(b) is not obscene, indecent, unsuitable for minors, excessively violent, racist, misleading, deceptive or defamatory;
(c) does not infringe any intellectual property rights or other rights of any entity or person;
(d) does not include pornography, nudity, adult sexual content or any sex-related merchandising;
(e) is not damaging to our servers or any other servers on the internet; and
(f) does not include material or resources relating to hacking, viruses, anarchy, or that promote or participate in wilful harm to Internet sites or providers.
4.4 If you become aware of any Content in breach of the above, please notify us immediately at the contact details listed on this site. We may without notice to you remove, amend, alter or deny access to any Content or Material in our sole discretion if:
(1) we must do so by applicable law (including an order or judgment of a Court or tribunal or other competent body (such as a “take down notice” issued under the Broadcasting Services Act 1992 (Cth)); or
(2) in our opinion any such Content breaches clause 4.3 or is, in our sole discretion, otherwise inappropriate.
5. Indemnity
5.1 You indemnify Cool Australia against any losses, liabilities, costs or other expenses (together, “Loss”) incurred by Cool Australia in connection with your use of or access to the Website or any breach of the Terms (except to the extent Cool Australia directly caused the Loss).
6. Advertisements
6.1 The Website may contain third party advertisements. Such advertisements do not in any way imply that Cool Australia endorses or recommends the advertiser, its products, services or websites (even if linked). You must deal with the relevant advertiser regarding the advertiser and its products and/or services. To the extent permitted by law, Cool Australia disclaims all responsibility for any interaction between you and the third party and has no liability in relation to such interaction.
7. Cookies
7.1 During your use of the Website, we may issue to and request from your computer blocks of data known as “cookies”. By using this Website you authorise us to issue such cookies to your computer.
8. Disclaimer
8.1 Cool Australia will attempt to ensure that the Material on this Website is correct, however we cannot guarantee its accuracy, suitability or completeness. That Material is provided to you on an “as is basis” without warranties of any kind, either express or implied.
To the extent permitted by law, Cool Australia excludes all liability arising from or relating to your use of this Website or your reliance on Material contained on the website.
This Website may contain links to other websites operated by third parties. Cool Australia does not make any representation as to the accuracy or suitability of any of the information contained on those other websites, and does not accept any responsibility or liability for, or give any endorsement in respect of, the conduct, content or products or services of those other websites or their operators.
8.2 If the exclusion of implied warranties in accordance with clause 8.1 is prohibited by applicable law, then we limit our warranties to the maximum extent allowed by applicable law and otherwise as set out in clause 9.2.
9. Limitation of Liability
9.1 To the fullest extent allowed by applicable law, Cool Australia, its directors, employees and suppliers will not be liable for any loss or damage whatsoever (including, without limitation, direct, indirect, incidental, special and/or consequential damages or lost profits) resulting from your use of or access to, or your inability to use or access, the Website or any Material; and
9.2 To the fullest extent permitted by law, Cool Australia’s liability, and that of any of the parties mentioned in clause 9.1, is limited at Cool Australia’s option to the following:
(1) In the case of services:
(a) The supply of the services again; or
(b) The payment of the cost of having services supplied again; and
(2) In the case of goods:
(a) The replacement of the goods or the supply of equivalent goods;
(b) The repair of such goods;
(c) The payment of the cost of replacing the goods or acquiring equivalent goods; or
(d) The payment of the cost of having the goods repaired.
10. Termination
10.1 Cool Australia may terminate these Terms and your access to the Website and Material on it at any time without notice. In the event of termination you must immediately cease accessing and using the Website and those Materials. All restrictions imposed on you, licences granted by you and all disclaimers, indemnities and limitations of liability set out in the Terms will survive.
11. Miscellaneous
If any provision of the Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect. The Terms are governed by and will be interpreted in accordance with the laws of Victoria, Australia and all disputes arising from the Terms will be subject to the exclusive jurisdiction of the courts of that State.