- Conditions of use
4. Terms and conditions for bulk subscriptions (NSW and WA)
Conditions of use
Design Your Future Australia © Loden Pty Ltd 2016, unless indicated otherwise.
Use of the Design Your Future Australia website (Design Your Future Australia) is subject to the Conditions of Use set out below. Please read and ensure you understand these Conditions of Use prior to using Design Your Future Australia. If you proceed to use Design Your Future Australia, your use will be taken as acceptance of these Conditions of Use.
Loden Pty Ltd T/A Design Your Future Australia (DYFA) may amend these Conditions of Use from time to time. You are responsible for regularly reviewing them. Your continued use of Design Your Future Australia constitutes your agreement to the current version of the Conditions of Use.
- Design Your Future Australia:
(a) provides general information about career options;
(b) is a guide only;
(c) does not make any recommendations or provide advice in relation to career options.
Before making any decisions about your career, you should contact relevant educational institutions or professional or trade organisations for specific information relating to your career options/choices.
- Design Your Future Australia comprises:
(a) trade marks owned by third parties (Trade Marks) and licensed to DYFA;
(b) material excluding the Trade Marks (Material) which is subject to copyright and other intellectual property rights (Intellectual Property Rights) which is owned by DYFA (DYFA Material) or licensed to DYFA (Third Party Material); and
(c) visual interfaces, graphics, design, computer code (including source code or object code), software and other elements of Design Your Future Australia excluding the Trade Marks and Material.
- You may:
(a) view the Trade Marks;
(b) view and print the DYFA Material only for personal non-commercial educational purposes, provided all acknowledgements are retained;
(c) use Third Party Material only in accordance with the licence terms described in the Acknowledgements, provided you retain and copy in full all copyright notices on the original Third Party Material (if any); and
(d) only use the visual interfaces, graphics, design, computer code (including source code or object code), software and other elements of Design Your Future Australia excluding the Trade Marks and Material within the intended functionality provided by Design Your Future Australia.
- You must not infringe the Intellectual Property Rights of DYFA or its licensors, that is, you must not do anything that is not permitted under either these Conditions of Use or the licence terms described in the Acknowledgements. For example you may not reproduce, adapt, upload to a third party website, link to, frame, perform in public, distribute or transmit in any form by any process any of the Material.
- Where you use the Material in accordance with these Conditions of Use, you do not need to comply with the requirements of any statutory licence (for example, pay royalties to a copyright collecting society such as the Copyright Agency) for that Material.
- Nothing you do on or in relation to Design Your Future Australia will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights other than in accordance with these Conditions of Use.
- To assist in your use of Design Your Future Australia, you may ask a person you know and trust (for example a career guidance counsellor from your school, a teacher, a parent or a friend) to be your mentor. If you give your mentor your username and password, this will enable your mentor to access the information you provide to Design Your Future Australia, but DYFA cannot control how your mentor uses your information. DYFA does not accept any responsibility for unauthorised use of your information by your mentor, and excludes liability for all losses, costs, damages and expenses incurred or suffered by you arising from or in relation to your participation in a mentoring program.
- DYFA presents the Material in good faith and has endeavoured to ensure that all Material is accurate and does not breach any entity’s rights at the time of its inclusion. However, use of Design Your Future Australia is at your own risk and the Material is provided ‘as is’. To the extent lawful, DYFA does not make any, and excludes all express or implied, warranties, representations, statements, terms and conditions relating to your use of Design Your Future Australia or any information or content available on or from Design Your Future Australia.
- Nothing in these Conditions of Use excludes, restricts or modifies any guarantee, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include statutory consumer guarantees implied by statute which operate to protect the purchasers of goods and services in various circumstances.
- If any guarantee is implied by statute and cannot be excluded, and DYFA is able to limit your remedy for a breach of such a guarantee, then the liability of DYFA for breach of the condition or warranty is limited to one or more of the following at DYFA’s option:
(a) 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
(b) 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 DYFA’s obligations under the implied guarantees referred above, DYFA excludes liability for all losses, costs, damages and expenses incurred or suffered by you under or relating to these Conditions of Use or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis.
- You acknowledge that DYFA may, in its absolute discretion and without penalty or notice:
(a) vary Design Your Future Australia or any part of Design Your Future Australia; and
(b) modify or discontinue Design Your Future Australia, any part of Design Your Future Australia and the services available on it.
- DYFA may not have reviewed any URL linked to or from any part of Design Your Future Australia which does not form part of Design Your Future Australia (Non-DYFA Sites). DYFA is not responsible for any content found on a Non-DYFA Site, or any site of which it forms a part. You must determine whether any page is part of Design Your Future Australia each time you follow a link to that page. For example, it is your responsibility to check that a person or organisation linked to Design Your Future Australia is authorised to provide a course of study to overseas students. You can check this by referring to the Commonwealth Register of Institutions and Courses for Overseas Students (available on the website CRICOS).
- DYFA reserves the right to revise these Conditions of Use at any time. You accept all such revisions by accessing any part of Design Your Future Australia or continuing to access it after that revision is posted on Design Your Future Australia.
- Design Your Future Australia and any right or obligation under these Conditions of Use is governed by the laws in force in the State of Queensland, Australia, (other than the conflict of laws rules) and the parties submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia, in respect of any action that arises under these Conditions of Use.
- The views expressed within Design Your Future Australia do not necessarily represent the views of DYFA.
- If any material provided by you (including your email address) is deemed unsuitable by DYFA, whether because of a failure to comply with these Conditions of Use or because DYFA considers it inappropriate or offensive, DYFA may remove the material from its databases without notice.
Loden Pty Ltd T/A Design Your Future Australia (DYFA) maintains and hosts the Design Your Future Australia website (Website).
- What is Personal Information?
“information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.”
- Handling of Personal Information
When you register on the Website, contact DYFA or attend a Design Your Future Australia event DYFA may collect the following information:
- the month and year of your birth;
- post code;
- your email address;
- your name;
- your career stage (including, as relevant, type of school, type of tertiary student, parent, teacher, career practitioner or other adult).
When you visit this Website, the Design Your Future Australia server makes a record of your visit and logs the following information:
- your server address
- your top level domain name (for example .com, .gov, .au, .net, .edu, etc)
- the time and date of your visit to the Website
- the pages and documents you have accessed or viewed
- the type of browser you are using.
3.2 Remaining anonymous or using a pseudonym
Where it is not impractical or unlawful, you may interact with DYFA without identifying yourself or using a pseudonym. However, if you do so, DYFA may not be able to provide you with the most relevant information.
3.3 Use or Disclosure of your Personal Information
Personal information collected by DYFA in connection with Design Your Future Australia may be used for the purposes of:
- providing you with access to content on the Website;
- reviewing Website usage patterns in order to optimise the user experience (e.g. providing personalised content)
- contacting you, for example to:
- inform you of updates to Design Your Future Australia;
- provide you with career information; and
- send you newsletters.
If you no longer wish to receive such communications, please inform DYFA at email@example.com.
Personal information will:
- only be used for the stated purpose for which it was provided; and
- not be disclosed to a third party without your consent unless otherwise authorised or required by law or to prevent or lessen a serious and imminent threat to your life or health or that of another person.
Usage statistics or patterns obtained from tracking the level and range of interest in the Website are collected in order to improve and develop Design Your Future Australia. This information will be connected to a user’s profile but will be de-identified prior to any use in reports.
Google Inc. uses this information for the purpose of evaluating your use of the Website, compiling reports on website activity for DYFA and providing other services relating to website activity and internet usage. Google Inc. may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google Inc’s behalf. Google Inc. will not associate your IP address with any other data held by Google Inc.
3.4 Publication of your personal information
DYFA will only publish personal information on the Website if it has been collected for this purpose, with your knowledge, or if you have otherwise consented to the disclosure. When giving consent you should be aware that personal information published on the Website is accessible to web users from all over the world. This means that, once personal information is published on this Website, DYFA will have no control over its subsequent use and disclosure.
3.5 Security of your personal information
DYFA takes reasonable steps to:
- protect personal information that it holds against misuse, interference, loss, unauthorised access, modification or disclosure by utilising up-to-date electronic and physical security controls that comply with relevant industry standards and guidelines; and
- destroy or permanently de-identify personal information upon request or if it is no longer required.
Please note that:
- this Website does not provide facilities for the secure transmission of information across the internet. There are inherent risks associated with the transmission of personal information via the internet. If you do not wish to use the internet to transmit personal information you can mail or telephone DYFA; and
3.6 Location of personal information
Personal information collected by DYFA is:
- stored in Australia; and
- not disclosed, accessed or transferred to overseas recipients.
- Accessing and correcting personal information
If you want to know what, if any, personal information DYFA hold about you, or wish to correct any personal information DYFA may hold about you, you may access this information by contacting DYFA via the Contact Us page on the Website or using the DYFA contact information below.
- Contact Information for DYFA
If you have any questions, comments or complaints about DYFA’s privacy practices for Design Your Future Australia, you can contact DYFA by:
- (within Australia) 1300 900 924
- post: Twin Rivers Community Centre A1, 104 River Hills Road, Eagleby QLD 4207
- email: firstname.lastname@example.org
DYFA will do its best to address and resolve any issues you raise. If you are not satisfied with DYFA’s response you may take your complaint to the Office of the Australian Information Commissioner.
Terms and Conditions for bulk subscriptions
A subscription to the Design Your Future Australia exploration platform (Design Your Future Australia) provides your institution’s students and/or teachers and/or staff with a non-transferable, non-commercial licence for unlimited use of Design Your Future Australia from January 2018 to December 2018.
A subscription begins on the first day of the month if an application is received within the first 15 days of a month. If an application is received after the 15th day of a month then the subscription begins on the first day of the following month.
Loden Pty Ltd(DYFA) reserves the right to reject a subscription application at any time.
Two months before an institution’s subscription expires, DYFA will send an invoice for renewal of your institution’s subscription to the specified primary contact. This renewal will be for the full calendar year of 2019.
An institution may cancel its subscription, but unless required by law, subscription fees will not be refunded. An institution will not be eligible for a refund or credit if it is unable to access Design Your Future Australia for reasons not related to acts or omissions of DYFA.
DYFA reserves the right to:
- change the subscription prices at any time. Changes in pricing will apply upon renewal of an institution’s subscription;
- add to, remove from, or upgrade features, functions and any other parts of Design Your Future Australia without notice; and
- perform routine system maintenance on Design Your Future Australia. DYFA will perform routine system maintenance outside the hours of 9-5 pm weekdays AEST and will provide notice on Design Your Future Australia regarding future maintenance unless prevented from doing so by factors beyond its reasonable control.
Your institution agrees that any errors made in entering contact information and institution details are the responsibility of the institution and DYFA is not liable for any consequences that may arise as a result of such errors or incorrect information. To the extent permitted by law, DYFA is not liable to your institution, its students or teachers for any loss or damage incurred by your institution, its students or teachers, whether direct, indirect, consequential, special or any other loss or damage. Where liability cannot be limited under law, DYFA’s maximum liability to your institution, its students and teachers is the value of the subscription paid within the previous calendar year.
Your institution’s subscriptions will be governed by Victorian law and the courts of Victoria, Australia will have exclusive jurisdiction to determine any matters that may arise in relation to a not-for-profit organisation subscription.
DYFA reserves the right to modify these terms and conditions of subscription. DYFA will post updates to the terms and conditions of subscription on Design Your Future Australia and it is the responsibility of your institution to regularly review them to remain aware of any updates.