Terms & Conditions
Welcome to Daughters and Dads Active and Empowered®. These Terms and Conditions govern your (“your”, “you”, “user” or “facilitator”) access to, participation in and use of the Daughters and Dads Active and Empowered® website/program or your participation in a Daughters and Dads Active and Empowered (DADAE) research project (whichever applies) (the “Service” or “DADAE”).
These Terms and Conditions and the Privacy Statement apply to both the website/program and a DADAE research project as the context requires. The Privacy Statement forms part of these Terms and Conditions.
Access to and use of the Service or participation in a DADAE research project is subject to your acceptance of these Terms and Conditions. Before using the Service or participating in the research project, please review these Terms and Conditions carefully.
By accessing the Service or participating in a DADAE research project, you indicate that you accept and consent to, without limitation or qualification, all of these Terms and Conditions. Do not access, use or participate in the Service or participate in a DADAE research project if you do not accept these Terms and Conditions.
The University of Newcastle ABN 15 736 576 735 (the University, we , “our”, or us) is a key provider of DADAE.
We may from time to time amend, update, or change the Service or these Terms and Conditions (including the Privacy Statement), without prior notice. Your continued use of the Service (or any login section of the website) or your continued participation in a DADAE research project will indicate that you accept and consent to the revised Service or revised Terms and Conditions (including the revised Privacy Statement).
1. ACCESS TO & USE OF THE SERVICE
- The Service includes access to the Daughters and Dads Active and Empowered® website which is comprised of education resources for facilitators, study information, social media feed and registration and enquiry forms.
- The Service is intended for users who are 18 years of age or older, or by a parent or legal guardian of a person aged 2 to 17 and who accepts these Terms and Conditions both as parent or legal guardian and on the behalf of the child.
- The University may require you to provide consent to take part in any DADAE research project or may have certain eligibility criteria for participants. Evidence of such consent must be supplied to us on request.
- The University may filter, remove, or refuse to post data that interferes with the technical operations of the Service (including files which threaten to overload or crash a system) or that the University considers in its sole discretion to be otherwise inappropriate.
- We reserve the right to deny you access to, or use of, all or part of the Service, without prior notice, for any reason in our sole discretion without any liability to you. This includes but is not limited to if you engage in any conduct that we believe, in our sole discretion: (i) breaches any term or provision of these Terms and Conditions; (ii) violates our rights or those of third parties; or (iii) is otherwise inappropriate for continued access and use of the Service.
2. USER INFORMATION & EMAIL COMMUNICATIONS
- To use the Service, you may be required to register by providing certain identification and login information (including an email address), which will be dealt with in accordance with the Privacy Statement. By using the Services, you consent to receiving email communications from us regarding the Services. You may also provide your consent to receive email communications from us, including email communications regarding other products and services offered by us. You can opt out of receiving email communications from us at any time by following the unsubscribe instructions contained in each email communication.
- You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for the Service. You agree to notify the University immediately of any unauthorised use of your password or any other breach of security. You are responsible for all activities that occur in connection with the use of your passwords, identification and login information for the Service.
- You are solely responsible for any content or material/data that you post or upload on the Service, or that is posted by another person using your username, password or login details. The University excludes all liability (to the extent permitted by law) for any loss, damage, or expenses suffered by you or claims made against you arising from content or material/data which you post or upload on the Service, or which is posted by another person (whether using your username or password or otherwise).
3. USER CONDUCT
- You must not use the Service to:
o impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
o post, disclose or transmit any material/data that is defamatory, obscene, abusive, offensive, intentionally false, misleading or deceptive, or which infringes our or any third party’s intellectual property or breaches any duty of confidence or contractual obligation owed to us or any third party;
o seek to endorse commercial products or activities or to promote commercial products or services;
o falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Service;
o conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
o interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
o attempt to gain unauthorised access to the Service or computer systems or networks connected to the Service through any means;
o send junk, obscene, indecent, offensive or threatening electronic mail or “spam” to any person or company;
o commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
o collect, store, post, disclose or transmit personal information or data about others, including email addresses; or
o contravene or breach any applicable state, Commonwealth or international law, convention or regulation.
- You will ensure that the information you provide when using the Service does not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, adversely interfere with, intercept, or expropriate any system or data.
- You agree that you will not use any device, software or computer programming routine to interfere or attempt to interfere with the proper working of the Service.
- This Service may contain links to third party websites. Those sites may not be under our control and we are not responsible for the content or the links contained in third party sites. We and our officers, employees and agents do not recommend or endorse the content of any third party sites which may be linked to or from the Service, or products or services of any third party organisations mentioned or described on this Service or linked to or from this Service. You acknowledge that you enter any third party websites at your own risk.
5. DISCLAIMERS & LIMITATION OF LIABILITY
- This Service is provided on an “as is” basis without any express or implied warranty of any kind;
- The University makes no representations or warranties of any kind, express or implied, as to the site's operation or the information, content or materials/data included on the Service.
- To the fullest extent permitted by law, the University hereby disclaims and excludes all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose.
- The World Wide Web exists across open public networks that are neither secure nor private. No website encryption of security is warranted. Accordingly, you acknowledge and accept the risk that any communication to or from the Service may be intercepted, used or modified by third parties;
- We do not warrant that access to or use of this Service will be uninterrupted or error free or that the Service or any material/data on or accessible through the Service is free from errors or viruses, worms, Trojan horses, time bomb, cancelbot or other harmful components;
- We are not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, incompatibilities, or any other cause. We make no guarantees as to server reliability, speed, or consistency, and cannot be held liable for such;
- We make no representation or warranty regarding the reliability, quality, accuracy, completeness, timeliness, suitability, merchantability, quality, physical state or fitness for a particular purpose of any material/data on or accessible through the Service to your specific situation or otherwise;
- We may change any of the material/data on the Service at any time without notice;
- We make no commitment to update any material/data on the Service;
- You are responsible for assessing the accuracy, reliability and suitability of the material/data on or accessible through the Service. The University does not warrant or represent that the information or material/data on the Service is free from errors or omissions;
- You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Service, or the material/data on or accessible through the Service;
- You acknowledge and agree that you must take your own precautions to ensure that the process which you use to access the Service does not expose you to the risk of viruses or other form of interference that may damage your own computer system. The University is not liable for any interference with or damage to a user’s computer system, software or data occurring in connection with this web site or any linked website;
- Whilst the University will strive to provide high availability of the Service, it cannot guarantee that the Service will be available to use at any particular time;
- We and our officers, employees and agents shall not be liable for any loss, damage or expense whatsoever, including but not limited to losses or damages for loss of profits, business interruption, loss of information, loss of revenue, loss of data, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use the Service or the material/data or information available on or accessible through the Service, even if we have been advised of the likelihood of such damages.
- You expressly agree that you use the Service solely at your own risk.
- You agree to indemnify, defend and hold harmless the University and its officers, employees, consultants, agents, contractors (including subcontractors) and advisers from any and all third-party claims, liability, damages and costs (including, but not limited to, legal fees) arising from your failure to comply with these Terms and Conditions (including the Privacy Statement), or from your violation of any applicable law.
7. INTELLECTUAL PROPERTY RIGHTS
- The information, questions, content, materials, documents, data, illustrations, power point slides, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, source code and control features of the Service and any DADAE research project (the “Content”) is protected by copyright, trade mark and other intellectual property laws and remains the property of the University or its relevant licensors/licensees.
- You do not obtain any interest or rights in the Content.
- You are granted the right to use the Service and view any Content on the Service for your own personal use only, or in your role as a facilitator as expressly permitted by the University only.
- You must not use, publish, adapt or reproduce any Content without the University’s prior written consent which it may withhold in its absolute discretion.
- You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute, or communicate to the public the Content (or any part of it) in any way or for any purpose except as expressly provided for in these Terms and Conditions or under the Copyright Act 1968 (Cth).
- ‘Daughters And Dads Active and Empowered®’ and other logos and name are our trademarks and intellectual property. They may not be used as part of your business or in connection with any goods or services without our prior written consent.
- By submitting content or materials/data to the Service, you represent that you have the right to submit that content or materials/data and that you consent to the University exercising all rights in respect of such content or materials/data as contemplated by these Terms and Conditions.
- A facilitator may use the education resources to assist them in delivery of the Daughters And Dads Active and Empowered program only, or otherwise with the express written permission of the University.
- Facilitators will be provided with content to help deliver the program (which forms part of the “Content”), consisting of:
o PowerPoint slides for each session;
o Fitness exercise cards;
o Practical handbook; and
In the first instance, a complaint about the Service should be directed to email@example.com
If the situation remains unresolved, you may contact the University’s complaints office at firstname.lastname@example.org, or if the complaint relates to how we have handled your personal information, you may contact the University’s privacy office at email@example.com.
- The University may assign or transfer the rights granted to, and obligations imposed on, it under these Terms and Conditions (including the Privacy Statement) to another entity, and you hereby consent to such assignment or transfer without giving prior notice to you or obtaining your consent.
- We will not be liable by reason of the failure in the performance of obligations under the Terms and Conditions (including the Privacy Statement) by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond our reasonable control, including any form of technological failure or the actions of third parties.
- These Terms and Conditions (including the Privacy Statement) constitute the entire agreement between you and us with respect to this Service, and the Terms and Conditions (including the Privacy Statement) replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Service.
- If any provision of these Terms and Conditions or the Privacy Statement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions and the Privacy Statement shall remain in full force and effect.
- Any failure by us to insist upon or enforce strict performance of any of these Terms and Conditions or the Privacy Statement will not be construed as a waiver of any right or remedy of ours in respect of any existing or subsequent breach of these Terms and Conditions or the Privacy Statement.
- These Terms and Conditions and the Privacy Statement are governed by and are to be interpreted in accordance with the laws of New South Wales, Australia. You hereby consent and submit to the exclusive jurisdiction and venue of the Courts of New South Wales, Australia for any cause of action relating to or arising under these Terms and Conditions or the Privacy Statement.
- We operate the Service in Australia. Information contained on the Service may not be appropriate or available for use in other locations. If you access the Service from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.
- We reserve the right to discontinue the Service at any time and for any reason.