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Terms of Use

Introduction

These terms and conditions of use apply to the website owned and operated by the National Association for the Visual Arts Limited (NAVA) and its partners (collectively, we, us, our) under the domain name “artscareer.com.au”.

Your use of the information, graphics, text, software and materials (content) on artscareer.com.au is governed by these terms and conditions of use and by using this website you agree to be bound by these terms and conditions of use. We may at any time vary the terms and conditions of use by publishing the varied terms and conditions of use on artscareer.com.au. You accept that by doing this, we have provided you with sufficient notice of the variation.

In addition to the provisions of these terms and conditions of use, there may also be specific and additional terms that apply to certain sections of artscareer.com.au. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these terms and conditions of use and those other specific and additional provisions, the specific and additional provisions will prevail.

Website Use

You will respect the opinions and experiences shared within the artscareer.com.au online community.

You will not collect or use other users’ contact details for your own promotional purposes and you will not use the site or any information contained within it for the purpose of direct marketing, commercial solicitation or bulk emails. If you are found to be doing this, we will disable your access immediately.

You will only use artscareer.com.au for its intended purposes, namely your own professional development and to exchange ideas about professional development and innovative methods in art practice and skill development.

artscareer.com.au may from time to time contain or make available various message services, email lists, mailout or newsletter services, or other tools and facilities which may be of use to you. While we have taken steps to ensure that any such features are accurate and free from defect, we do not warrant the accuracy, correctness or completeness of these features, which are provided on an “as is” basis.

As electronic services are subject to interruption or breakdown, access to artscareer.com.au is offered on an “as is” and “as available” basis. We may withdraw artscareer.com.au at any time and without notice to you.

You will not submit or post any content to artscareer.com.au that is (or could be reasonably expected to be):
  • harmful, abusive, hateful, discriminatory, obscene, offensive, pornographic, vulgar, profane, indecent or illegal
  • defamatory, libellous, unlawfully threatening or unlawfully harassing of any person
  • likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability
  • false, fraudulent, misleading or deceptive
  • encouraging of conduct that would constitute a criminal offence
  • promoting tobacco products or promoting pharmaceutical goods not approved for sale in Australia
  • likely to impinge on any other user’s use or enjoyment of artscareer.com.au
  • containing any computer viruses or other harmful component; or
  • containing any “prohibited content” or “potential prohibited content” within the meaning of Schedule 5 or 7 of the Broadcasting Services Act 1992 (Cth).

You acknowledge that content that you submit to artscareer.com.au may not reach or be correctly displayed on artscareer.com.au for a variety of reasons including but not limited to mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, we are not liable to you or anyone else in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the receipt of information by, or the inclusion of content in, or a failure to receive or include content in, artscareer.com.au, for whatever reason.

Any content that you submit to artscareer.com.au may be made publicly available to all users of artscareer.com.au and we accept no responsibility for third party use of that content. Whilst under no obligation to do so, we retain the right to review, edit, and remove any information whatsoever from any part of artscareer.com.au at any time and without notice to you.

You assume all risks associated with the use of artscareer.com.au, including:
  • damage to your computer, software or data by any virus which might be transmitted or activated via artscareer.com.au or your access to it; and
  • non-compliance of artscareer.com.au content with the laws of any country outside Australia.

If we issue you with a password that permits you to access certain parts of artscareer.com.au, you are solely responsible for any use of artscareer.com.au through such access, whether authorised or not.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on artscareer.com.au. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

We retain the right and discretion to suspend or terminate artscareer.com.au or your access to it at any time for any reason. All provisions of these terms and conditions of use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

Liability

You acknowledge that we accept no responsibility for the completeness or accuracy of any of the information contained on or accessed through artscareer.com.au. Users should make their own judgments about this. To the extent permitted by law, we exclude all liability for loss or damage arising from the use of, or reliance on, the information contained in or accessed through artscareer.com.au, whether or not caused by any negligence on our part or that of our agents.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.

Without limiting the generality of the previous paragraphs, we do not sponsor or endorse the operators or content of any websites linked to from artscareer.com.au. Subject to any applicable law which cannot be excluded, we make no warranties or representations:

  • regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services; or
  • that material on linked websites does not infringe the intellectual property rights of any person. By linking to those websites, we are not authorising the reproduction of material on linked websites.
Indemnities

You agree to fully indemnify and hold harmless each of us against any liabilities, claims, costs, loss (including consequential loss) or damage suffered or caused by reason of your reliance on any material included on artscareer.com.au or posted by you.

Notwithstanding any indemnity provided by you under these terms and conditions, each of us retain the right to assume the conduct of any defence to a claim brought against us, and of any proceeding or appeal issued by us, and you agree to provide all reasonable cooperation (including by making available relevant documents) that we may require from you in relation to any such claim, proceeding or appeal.

Governing Law

These terms and conditions shall be construed and applied in accordance with the laws of Victoria, Australia, and you consent to the exclusive jurisdiction of the Victorian Courts to determine any matter or dispute which arises under these terms and conditions in accordance with the laws of Victoria, Australia.