Introduction
These terms and conditions govern your use of Museums Australia Incorporated’s website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
By using this website and agreeing to these terms and conditions, you consent to our Privacy Policy.
License to use website
Unless otherwise stated, Museums Australia Incorporated (Museums Australia) and/or its licensors own the intellectual property rights in the website and material on the website. All these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or resources from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not without prior permission:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public unless permission is granted;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Museums Australia’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Museums Australia’s express written consent.
Content of the Site
Museums Australia does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
We attempt to keep the content of the website up to date. However, we do not warrant the accuracy or currency of the content. All possible care is taken to ensure information provided is complete, true, and accurate.
You acknowledge that the content on the site is subject to change at any time.
All prices quoted on the site are in Australian dollars unless otherwise indicated.
Prices quoted on the Site should be used as a guide only as they may change from time to time.
Some of the content on the site, including articles, sponsorships and promotions, constitute paid advertising (Sponsored Content).
Monitoring of Content
You acknowledge that Museums Australia may or may not pre-screen content, and that there is no obligation on Museums Australia to pre-screen content, and that Museums Australia shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any content provided by you.
Without limiting the above paragraph, you agree that Museums Australia may edit, remove or not publish any content if it considers that:
the content is unlawful in any way, including because it is defamatory or breaches laws about unlawful discrimination, racial vilification, privacy or contempt;
the content is false or misleading;
publication of the content will infringe intellectual property rights (including copyright) or a person's moral rights;
the content is abusive, offensive or obscene; or
the content is otherwise in breach of these Terms and Conditions.
Although Museums Australia may from time to time monitor or review content, discussions, chats, postings or other contributions to the site, we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication.
Restricted access
Access to certain areas of this website is restricted. Museums Australia reserves the right to restrict access to certain areas of this website, or indeed this entire website, at Museums Australia’s discretion.
If Museums Australia provides you, as part of your membership of the association, with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Museums Australia may disable your user ID and password in without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Museums Australia a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. Credit will be listed where appropriate.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Museums Australia or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Museums Australia reserves the right to edit or remove any material submitted to this website, or stored on Museums Australia’s servers, or hosted or published upon this website.
Registration
In order to be able to provide us with content or download content pursuant to these Terms and Conditions you must become a registered user (Webfriend). To become a registered user you must complete your registration details in the manner described on the website. Registration is free but non-transferable. You agree to provide true, accurate and complete information about yourself as prompted by the registration form. You must log into your user account in the manner required each time you wish to contribute to the site.
Museums Australia reserves the right to refuse requests to register user accounts or to terminate your registration at any time at our sole discretion. We will not accept any request to register a user account that we suspect is being made by or on behalf of a user who has been suspended from the site for breach of these Terms and Conditions or has been suspended as a user/user of another website for vexatious, illegal or inappropriate comments/contributions.
You are responsible for maintaining the strict confidentiality of your account login name and password, and you are responsible for any activity under your account and password.
Privacy Policy
Registration information and other information about you is subject to Museums Australia’s Privacy Policy. You understand that through your use of the site you consent to the collection and use (as set forth in the Privacy Policy) of this information.
Limitations of liability
Museums Australia will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Museums Australia has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Museums Australia liability in respect of any:
fraud or fraudulent misrepresentation on the part of Museums Australia; or
matter which it would be illegal or unlawful for Museums Australia to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, Museums Australia has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Museums Australia’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Museums Australia’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Museums Australia.
Links, Downloads, Plug-ins, Features and Advertisements
Museums Australia have not reviewed all of the websites, downloads, plug-ins, features or advertisements linked to the site and are not responsible for the content or accuracy of any such off-site materials, including any websites linked to the site through advertisements or search engines (collectively, Third Party Material). The linking of our site to any Third Party Material does not imply that we endorse the linked material, and you use the links at your own risk. Museums Australia does not accept any responsibility or liability for any claims, losses, costs, expenses or damages of any kind (including legal fees) arising out of your use of these links or of the descriptions or information supplied there.
Your correspondence or dealings with, or participation in promotions or business of, advertisers on the site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the site.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Museums Australia and undertake to keep Museums Australia indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Museums Australia to a third party in settlement of a claim or dispute on the advice of Museums Australia’s legal advisers) incurred or suffered by Museums Australia arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Museums Australia’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Museums Australia may take such action as Museums Australia deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Museums Australia may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Museums Australia may transfer, sub-contract or otherwise deal with Museums Australia’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Museums Australia in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with laws outlined in Australian Capital Territory, Australia.
Museums Australia’s details
The full name of Museums Australia is Museums Australia Incorporated.
Museums Australia is registered in Australian Capital Territory.
Museums Australia’s address is: PO Box 266 CIVIC SQUARE ACT 2608 Australia