The following Terms of Use (Terms) governs your use of the AANSA Inc website which is located at www.aansa.org.au and form a binding contractual agreement between you, the user of the Site, and us, the AANSA Inc.
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on our “Contact Us’ page.
By accessing the Site you acknowledge and agree that you have had a sufficient opportunity to read and understand the Terms and you agree to be bound by them. If you do not wish to be bound to the Terms of this agreement, you must not access the Site.
1. Accuracy
Every effort is made to provide information that is accurate. However, protocols, syllabi, courses and other matters contained on this Site are subject to change at any time by appropriate action of AANSA Inc. We give no assurance or warranty that information on this Site is current, and take no responsibility for matters arising from changed circumstances or other information or material that may affect the accuracy or currency of information on this Site.
2. Intellectual Property Rights
2.1 Nothing in these Terms constitutes a transfer of any intellectual
property rights. You acknowledge and agree that, as between you and
AANSA Inc, all intellectual property rights in this Site rests with
AANSA Inc. unless otherwise stated.
2.2 All aspects of this Site including data, documents, graphics, web
pages and logos are the copyright of the AANSA Inc. and may not be
reproduced in any shape or form.
2.3 Unless otherwise agreed in writing, by posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public), and permit us to authorise any other person to do the same thing.
2.4 You consent to any act or omission which would otherwise constitute
an infringement of your moral rights, and if you add any content in
which any third party has moral rights, you must also ensure that the
third party also consents in the same manner.
2.5 The license in clause 2.3 will survive any termination of these Terms.
2.6 You represent and warrant to us that you have all necessary rights
to grant the licenses and consents set out in clauses 2.3 and 2.4.
3. Warranty
3.1 You represent and warrant us that:
(a) You have the legal capacity to enter into these Terms; and
(b) You have complied with clause 5.
4. Disclaimer of liability
4.1 This Site is provided on an ‘as is’, ‘as available’ basis and we do
not provide to you any warranties of any kind, express or implied,
including, but not limited to, those of title, merchantability, fitness
for a particular purpose or non-infringement or any warranty arising
from a course of dealing, usage, or trade practice. No oral advice or
written information provided shall create a warranty; nor shall members
or visitors to the site rely on any such information or advice. AANSA
Inc. reserves the right to make changes to the information contained on
the Site.
4.2 You assume all responsibility and risk for the use of this Site and
the internet generally. Under no circumstances, including negligence,
shall anyone involved in creating or maintaining this Site be liable for
any direct, indirect, incidental, special or consequential damages, or
lost profits that result from the use or inability to use the Site
and/or any other websites that are linked to this Site. We accept no
liability or responsibility to any person as a consequence of any
reliance upon the information contained in this Site. Nor shall we be
liable for any such damages including, but not limited to, reliance by a
member or visitor on any information obtained via the Site; or that
result from mistakes, omissions, interruptions, deletion of files,
viruses, errors, defects, or any failure of performance, communications
failure, theft, destruction or unauthorized access.
4.3 These Terms are to be read subject to any legislation which
prohibits or restricts the exclusion, restriction or modification of any
implied warranties, conditions, guarantees or obligations. If such
legislation applies, to the extent possible, we limit our liability to
the greatest extent allowed by law.
5. Online conduct
Visitors agree to use the Site only for lawful purposes and are
prohibited from posting on the Site any unlawful, harmful, threatening,
abusive, harassing, defamatory, or obscene material of any kind,
including, but not limited to, any material that encourages conduct that
would constitute a criminal offence, give rise to civil liability or
otherwise violate any applicable local, State, national or international
law. Although in the absence of a specific complaint the postings are
monitored for compliance with this provision, in an effort to discourage
such conduct, please note that all postings in the discussion forum
area will list the author’s name – no anonymous posts are permitted.
6. Security
Users must observe and maintain the confidentiality of all security features relating to use of the Site (including passwords, access arrangements etc) as notified. No data transmission over the Internet can be guaranteed as totally secure. Whilst AANSA Inc. strives to protect such information the AANSA Inc does not warrant and cannot ensure the security of information which users transmit. Accordingly, information is transmitted at the user’s risk.
7. Third party content
We are distributors (not publishers) of the content supplied by visitors
and other third parties. Accordingly, we have no more editorial control
over this content than does a public library. In addition, the Site
contains links to other websites. Any opinions, advice, statements,
services, offers or other information or content made available by
members, visitors and other third parties or through links are those of
the respective author(s) and we are not responsible for any material
posted by third parties. We cannot and do not endorse, sponsor or
approve it in any way, nor do we vouch for its accuracy or usefulness.
Furthermore, we expressly disclaim any liability associated with
material posted by third parties and any other available on any linked
website.
8. Disclaimer of endorsement
Reference to any person, products, services, hypertext link to the third
parties or other information by trade name, trademark, and supplier or
otherwise does not constitute or imply its endorsement, sponsorship or
recommendation by the AANSA Inc., nor is an endorsement of the AANSA Inc
implied by such links. Any external links on the AANSA Inc. Site are
for convenience only, such as an index in a public library.
9. Information subject to change
Any information on this Site may include technical inaccuracies or
typographical errors. Furthermore, the information may change from time
to time without any notice.
10. Termination
10.1 Your rights under these Terms terminate automatically if, for any reason, we cease to operate the Site.
10.2 We may otherwise terminate your access to the Site immediately, on
notice to you, if you have breached these Terms in any way.
11. Privacy statement
11.1 Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions. You can contact us on our “Contact Us page.
11.2 The AANSA Inc. has developed a policy to protect users’ privacy in
compliance with privacy legislation. Our policy is to inform users of
the following:
- the identify and contact details of the AANSA Inc.
- what personal information is being collected;
- who is collecting personal information;
- how personal information is being used;
- to whom personal information is being disclosed;
- how personal information is being stored;
- the consequences of personal information being withheld from the AANSA Inc., and
- How personal information can be accessed and corrected.
11.3 The AANSA Inc. Privacy Policy applies to all personal information
collected by AANSA Inc. via the Site. When information is collected
directly from individuals, AANSA Inc. may provide further relevant
privacy information to the individual at the point of collection, in
which case, such information should be read in conjunction with this
policy.
11.4 National Privacy Principle 6 of the Australian Privacy Act 1998
(Cth) allows you to get access to, and correct, the personal information
we hold about you in certain circumstances. If you would like to obtain
such access, please contact us on the details above.
11.5 AANSA Inc. reserves the right to modify or amend this Privacy
Statement at any time, provided that those modifications or amendments
comply with applicable laws.
Information collected – Site operation
11.6 We collect certain personal information from you to provide you
with the best service experience possible on the Site. We may collect
cookies from your computer, which enables us to tell when you use the
Site and also to help customise your Site experience. Some provision of
personal information is optional. However, if you do not provide us with
certain types of personal information, you may be unable to enjoy the
full functionality of the Site.
11.7 We customarily disclose personal information to our service
providers who assist us in operating the Site. We will only disclose
personal information to an unrelated third party for the purpose of
operating the Site with your consent.
Information collected – De-identified
11.8 Without limiting the means by which information is collected by AANSA Inc., the usage analysis software used by AANSA Inc. records:
- unique visitors and sessions
- requested pages, downloads, search terms used, posted forms, status and errors, hits and bytes downloaded per directory, file and file type;
- entrance pages, exit pages, click paths, click to and click from and length of session;
- domains, countries and IP addresses; and
- browsers, platforms and robots.
11.9 The statistics are de-identified at the time of recording. This
information is used for administrative purposes, including to improve
and assess services, and to monitor usage patterns on our site in order
to improve navigation and design features – helping you to get
information more easily.
Information collected – Identified
11.10 AANSA Inc. may collect identifiable information such as contact
details. Further, access to member only services has been made possible
by using information contained in AANSA Inc. databases. Accordingly, we
collect personal information to facilitate the granting of access to
member only services.
Access to information collected
11.11 The AANSA Inc. will not knowingly make an attempt to identify
users or their browsing activities. However, in the unlikely event of an
investigation, a law enforcement agency or other government agency may
exercise its legal authority to inspect our Internet Service
Provider’s
logs, and thus gain information about users and their activities.
11.12 All of the identified information that AANSA Inc. has used to
grant access can be viewed and changed by users when they view their
personal details. In addition, users may contact the AANSA Inc. at any
time to access personal information about themselves. They will be
required to fill out a form to access this information. Access will be
provided unless the request is unreasonable or the applicable privacy
legislation permits or requires AANSA Inc. to decline that access. As
permitted by law, a fee may be requested to cover the cost of access.
Use and disclosure of information collected
11.13 AANSA Inc. collects personal information for a number of purposes (being the primary purposes of collection), including:
- to provide membership services and benefits and maintain membership and service/benefits records;
- to assist, support, provide and improve continuing professional development and education and training;
- to monitor and investigate conduct;
- to implement, monitor and maintain quality assurance processes and systems, as well as processes and systems concerning regulatory matters, registrations, accreditation, audits, risk and claims management (including dealings with insurers);
- to procure funding, donations or other support for the activities of AANSA Inc;
- to enable internal administration, training, assessments and reviews; and
- to effectively operate the Site.
11.14 Any information users provide will only be used for the primary purposes for which users have provided it or a secondary purpose if it directly relates to the primary purpose or for any other lawful purpose.
11.15 AANSA Inc. engages third parties to perform certain business
functions. Therefore, it is sometimes necessary to disclose personal
information to those suppliers. Disclosures may also be made to other
third parties, including advisors and regulatory authorities. Where
disclosure takes place, AANSA Inc seeks to ensure that personal
information is handled appropriately.
Security
11.16 We endeavour to ensure the AANSA Inc. Site is secure through the
use of firewalls. Personal data is maintained under strict security and
can only be accessed internally by the AANSA Inc. Executive who have
permission to do so.
Complaints and concerns
11.17 Any concerns about the AANSA.’s handling of personal information
should be directed to AANSA Inc in the first instance. Requests may be
required in writing and resolution of concerns will be sought as
promptly as possible.
11.18 The Australian Government’s Privacy Commissioner is an additional source of information (see http://www.privacy.gov.au/)
Google Analytics
11.19 Currently we are using Google Analytics to analyse the audience of
the Site and improve our content. No personal information is collected
from Google Analytics. Read more about the privacy policy concerning
Google Analytics.
12. General
12.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these terms.
12.2 If a provision of these Terms is invalid or unenforceable, it is to
be read down or severed to the extent necessary without affecting the
validity or enforceability of the remaining provisions.
12.3 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms.
13. Governing law
These terms of use will be constructed according to and are governed by the laws of Queensland, Australia.
These Terms of Use were endorsed by AANSA Executive September 2013
