Please read these terms and conditions carefully. They set out the basis on which you are permitted to use the shared information services offered by education.au limited.
The shared information services include standard search, advanced search, recently added resources, news headlines, browse, event calendars, metadata search, browse map, find education and training providers, and category export. The shared information services are available in a mix of XML, HTML, RSS and Javascript options for inclusion in other websites.
By downloading, installing or using any of the shared information services, you will be taken to have read and agreed to these terms and conditions. If you do not agree to these, you must not download, install or use any of the shared information services.
1. Shared information services
The shared information services to which these terms and conditions apply are the services provided by education.au limited from the edna website and described in the tools area available from the edna website. This includes those shared information services listed at the beginning of these terms and conditions. These shared information services enable you to include certain edna services within your own website, and may include:
(a) source code resources that enable the embedding of searches, search results, recently added resources, browse categories
or items, and news headlines on your website with the results of such searches returned in formats such as edna XML format, rich site summary (RSS) format or HTML
(b) source code resources that enable you to customise header and footer templates and style sheets
(c) source code resources that enable you to construct URLs using a range of parameters to display results sets
(d) application program interfaces (APIs) that enable you to display results sets which appear on your own website, in RSS
feed readers, and other technologies
(e) notice boards and event calendars
(f) metadata searches
(g) news headline channels.
For the purposes of these terms and conditions, the term shared information services also include any materials delivered in the course of using the shared information services, which may include software or computer code, documents, text, images, video and sound.
2. Registration
You are required to subscribe to the shared information services mailing list so that we can provide you with important information and updates regarding use of the shared information services, and so that we can provide you with any notices referred to in these terms and conditions. In order to register for such mailing lists, you must send a blank plain text email to join-services_register@edna.edu.au.
3. Licence to use shared information services
(a) Subject to these terms and conditions, education.au limited grants you a non-exclusive, non-transferable licence to:
(i) use the shared information services in conjunction with your own education or training website, RSS reader, or other mechanism;
(ii) redistribute the shared information services, but only to end users within the education or training community; and
(iii) modify the shared information services, but only to support your use or redistribution of the shared information servicesin
accordance with paragraphs (i) and (ii).
(b) You must not:
(i) use the shared information services on a website that is not related to education or training;
(ii) redistribute the shared information services for use outside the education and training community;
(iii) use, redistribute or modify the shared information services to any third party for a commercial gain;
(iv) remove any notices (such as copyright notices, disclaimers or attribution statements) included in the shared information
services;
(v) copy the Shared Information Services other than as strictly necessary to support your own use, redistribution and modification
of the shared information services in accordance with these terms and conditions;
(vi) use the shared information services for any unlawful or improper purpose;
(vii) decompile or reverse engineer any part of the Shared Information Services that consist of any computer code, unless
otherwise expressly permitted by law;
(viii) assign or grant sublicences of any of your rights under these terms and conditions; or
(ix) authorise or permit a third party to do any of the above.
4. Intellectual property rights
You acknowledge and agree that:
(a) the shared information servicesare subject to copyright and other intellectual property rights owned by the Commonwealth
of Australia or owned by or licensed to education.au limited; and
(b) nothing you do in relation to the shared information serviceswill transfer any copyright or other intellectual property
rights to you or licence you to exercise any copyright or intellectual property rights in the shared information services
other than as expressly set out in these terms and conditions.
5. Third party content
(a) The shared information services may include materials or services that are provided by third parties.
(b) The use of any third party content:
(i) may be governed by separate terms and conditions imposed by the relevant third party provider of such materials or services;
and
(ii) may also be governed by further terms or conditions imposed by education.au limited, (together the third party terms). Where this is the case, you will be notified of the existence of such separate or additional
terms and conditions. By downloading, installing or using any Third Party Content you will be taken to have read and agreed
to any such third party terms.
(c) education.au limited cannot be held responsible for your failure to comply with any third party terms. As a result, you agree to indemnify and
hold harmless education.au limited and its officers, employees and agents (those indemnified) against any liability, loss, damage, cost or expense sustained
or incurred by those indemnified which arises out of your failure to comply with any third party terms.
6. Limitation of liability
(a) The shared information services are provided by education.au limited free of charge. The limitations of liability set out in this section 6 have been prepared with this in mind. You acknowledge
that education.au limited would not have supplied the shared information services to you free of charge without the benefit of the limitations of liability
set out in this section 6.
(b) The shared information services are provided over the internet, which is an inherently unreliable environment. education.au limited will not be liable for any failure to provide the shared information services where such provision is delayed, prevented,
restricted or interfered with for any reason outside education.au limited's control.
(c) education.au limited does not review or exercise editorial control over any third party content, nor over any third party materials (such as third
party websites) that may be linked to or from the shared information services. As a result, education.au limited will not be liable for any third party content or any other such third party materials.
(d) You must implement appropriate anti-virus, firewall and other security measures when using the shared information services.
education.au limited will not be liable for any virus or security threats that result from your use of the Shared Information Services.
(e) All express or implied warranties, representations, statements, terms and conditions relating to your use of the shared
information services are excluded from these terms and conditions to the maximum extent permitted by law.
(f) 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 Part
V of the Trade Practices Act 1974 (Cth) and corresponding provisions of State or Territory legislation which contain provisions
including implied terms and warranties which operate to protect consumers in various circumstances.
(g) If any condition or warranty is implied into this agreement under the Trade Practices Act 1974 (Cth) or any equivalent
State or Territory legislation and cannot be excluded, and education.au limited is able to limit your remedy for a breach of such a condition or warranty, then the liability of education.au limited for breach of the condition or warranty is limited to one or more of the following at education.au limited's option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment
of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired;
or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied
again.
(h) Subject to education.au limited's obligations under the implied conditions and warranties referred to above, the maximum aggregate liability of education.au limited for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis, is limited to AUD$100.
Subject to education.au limited's obligations under the implied conditions and warranties referred to above and to the maximum extent permitted
by law, education.au limited is not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of
data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental
breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even
if advised of the possibility of the loss or damage.
7. Termination
(a) You may terminate your use of the shared information services at any time by ceasing your use of the shared information
services and deleting all copies of the shared information services in your possession or under your control.
(b) Your right to use the shared information services will automatically terminate if you breach these terms and conditions.
Following any such termination you agree to cease using the shared information services and to delete all copies of the shared
information services in your possession or under your control.
(c) Sections 4, 5(c) and 6 of these terms and conditions survive any termination of your right to use of the shared information
services.
8. Modifications
education.au limited may from time to time:
(a) modify or cease providing (in whole or in part) the shared information services; or
(b) modify these terms and conditions.
Where education.au limited does so, education limited will notify you accordingly.
9. Other edna terms
Certain areas of the edna website are governed by further terms and conditions and specific policies, including the edna terms and conditions and the edna privacy statement (other edna terms). These terms and conditions apply in addition to the other edna terms. If there is any inconsistency between these terms and conditions and any other edna terms, these terms and conditions will prevail.
10. General
(a) These terms and conditions are governed by the laws in force in the State of New South Wales, Australia, and the parties
submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia in respect of any action that
arises under these terms and conditions.
(b) Without limiting any other method by which education.au limited may give you a notice under these terms and conditions, education.au limited may give you a notice under these terms and conditions by sending the relevant information through the associated mailing
list for the Shared Information Services. As described in section 2, you must subscribe to the shared information services
mailing list in order to receive such notices or via the networker newsletter.
(c) The words "such as", "in particular" and "including"
in these terms and conditions are not words of limitation.
(d) If any part of a provision of these terms and conditions is judged invalid or unenforceable in a jurisdiction it is severed
for that jurisdiction and the remainder of these terms and conditions will continue to operate.
(e) These terms and conditions constitute the entire agreement between the parties about their subject matter and supersede
any previous understandings or agreements on that subject matter.
(f) The rights, powers and remedies of a party under these terms and conditions are cumulative with the rights, powers or
remedies provided by law independently of these terms and conditions
(g) No rule of construction applies to the disadvantage of education.au limited because education.au limited was responsible for preparing these terms and conditions.
