Autism CRC Ltd ABN 55 162 632 180 (Autism CRC) is the owner and operator of the myWAY Employability website (the Platform) which is operated through www.mywayemployability.com.au.
Autism CRC may vary these Terms at any time, without notice, by displaying the amended Terms on the Platform. You should review the Terms each time you use the Platform.
By accessing and using the Platform, you acknowledge that you have read and understood the Terms as they exist at that time, and you confirm your acceptance of the Terms.
2 Use of the Platform
(a) This Platform has been developed by Autism CRC for its Australian operations.
(b) If you are under 15 years old, you must only use the Platform with the consent of your parent or legal guardian (and Autism CRC reserves the right to request proof of consent from your parent or legal guardian).
(c) You must not use the Platform in a way that is unreasonable, unlawful or is likely to harm the integrity of the Platform. Without limiting the generality of the foregoing, you must not:
(i) sell access to, or information from, the Platform;
(ii) interfere (or attempt to interfere) with the working of the Platform; or
(iii) circumvent (or attempt to circumvent) any security or authentication measures of the Platform or any other system, network or server connected to the Platform.
(d) You must not use the Platform in a manner that is defamatory, malicious, offensive or harmful.
(e) You acknowledge and agree that we may, in our sole discretion, immediately remove any content from the Platform which we deem may be defamatory, malicious, offensive, unlawful, harmful or otherwise unsuitable for the Platform.
3 Registered Users
(a) In order to use to the Platform (either as a primary user, or to join the team of a primary user as a supporter), you must complete the user registration details on the Platform and accept these Terms (Registered User). Once you register you will be provided with an account for the Platform (Account).
(b) As a Registered User, you must:
(i) only use the Platform through the Account provided to you.
(ii) not permit another person to use the Platform with your Account; and
(iii) not use the Platform on another user's Account, even if you also have an Account.
(c) As a Registered User, you acknowledge and agree that you are solely responsible and liable for:
(i) ensuring the security of your Account including keeping all passwords and other security information confidential;
(ii) all activity on the Platform that occurs through your Account, whether authorised by you or otherwise; and
(iii) ensuring that all content you develop and upload to the Platform complies with these Terms and all applicable laws, and does not cause Autism CRC to breach or fail to comply with its obligations under any applicable law.
4 Security of information
No data transmitted over the internet or mobile phone networks is secure, and we do not warrant, and cannot ensure, the privacy, security or integrity of your data, including through the normal functioning of the Platform. You transmit data using the Platform entirely at your own risk. You agree that we will not be liable for any damage or loss caused as a result of any failures in this regard.
5 Intellectual property
(a) Autism CRC owns or is licensed to use all intellectual property rights in the Platform (including in all underlying source code) and in the content of the Platform (including all text, trade marks, logos, images and graphics) and any updates to them.
(b) No license, right to, title to or other interest in intellectual property in the Platform is granted to you under these Terms. Nothing in these Terms or on the Platform should be construed as providing such consent.
(c) Except as otherwise expressly provided in these Terms, you must not otherwise copy, adapt, reproduce, publish, distribute or otherwise deal with any of the intellectual property rights in this Platform in any form without prior written permission from Autism CRC (except as permitted under the Copyright Act 1968 (Cth) or any other applicable law in your location).
(d) You may view content or print a copy of material on this Platform for your own personal or non-commercial use, provided that you do not modify the content in any way and keep the material confidential.
(e) As between you and us, you presently assign all right, title and interest in any content (including but not limited to all intellectual property rights in such content) that you develop and upload to the Platform (Your Content) effective from the date of creation of Your Content.
(f) We grant you a non-exclusive, world-wide, royalty-free license (including the right to grant sub-licenses) to use, copy, modify, adapt, publish, transmit or broadcast, Your Content for any non-commercial purpose.
(g) You represent that:
(i) you have the ability to make the assignment in clause 5(e) above and that nothing further is required to complete that assignment; and
(ii) use of Your Content by Autism CRC or any third party in connection with this Platform will not infringe any rights (including any intellectual property rights) of any person.
(h) You agree that Autism CRC may:
(i) use and alter the material in Your Content by adding to, selecting elements from, or rearranging elements of, the material, including without limitation combining elements of any of Your Content with any other material; and
(ii) use the material without having to acknowledge you as the author of Your Content, including using Your Content in material branded or marked as authored by Autism CRC or one of our partners,
and you therefore waive (or where relevant in your jurisdiction, consent to the infringement of) your moral rights (as that term is defined under the Copyright Act 1968 (Cth)) in Your Content to the fullest extent possible under the laws of any applicable jurisdiction.
(i) If you choose to de-activate your Account or otherwise cease use of the Platform, you agree that we may retain a copy of, and continue to use, Your Content unless you notify us otherwise at the time of de-activation of your Account (in which case we will delete all your material from the Platform).
6 Third party content and links
This Platform may include links to third party websites and other online resources. Such links do not indicate a relationship between those third parties and Autism CRC, nor endorsement by Autism CRC of such third parties, their products, services or websites. Use of such links is entirely at your own risk and are subject to the terms of those third party websites.
7 No Warranties
The Platform and its content are provided on an 'as is' basis and to the fullest extent possible and subject to any liabilities and obligations which cannot be excluded by law, we do not warrant:
(a) that the functions contained in the Platform will meet your requirements;
(b) the accuracy or completeness or reliability of the Platform or its content; or
(c) that your access to the Platform or any part of the Platform will be uninterrupted or error free, that defects will be corrected or that the Software or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your device.
8.1 We will have no liability in respect of:
(a) any loss or damage that you incur arising from your use of the Platform (including damage to your software or hardware, corruption of data or loss of data); or
(b) any action or inaction taken or thing done or omitted to be done in reliance on the Platform or any information contained on the Platform.
8.2 We do not accept any responsibility to you for:
(a) any losses or delays in transmission or receipt of messages or information arising out of the use or malfunction of services, facilities, software, hardware or products which cannot reasonably be considered to be under our control;
(b) any unauthorised use or interception of any message or information; or
(c) any direct or indirect loss suffered by you as a result of a reduced level of service caused by a third party.
8.3 To the extent permitted by law:
(a) all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law including but not limited to warranties of accuracy, completeness, non-infringement, or usefulness of the Platform, are excluded from these Terms; and
(b) in no event will we be liable in contract, tort (including negligence), under statute or otherwise for any incidental, consequential or indirect damages, including loss or corruption of data or information, arising out of or related to your use or inability to use the Platform.
8.4 If a supply under these Terms is a supply of services to a consumer within the meaning of the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) (ACL) nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the ACL, provided that, to the extent that the ACL permits us to limit our liability, then our liability will be limited to the:
(a) resupply of the services; or
(b) payment of the cost of resupplying the services.
9 Your indemnity
You indemnify Autism CRC and its related entities and each of their directors, officers, employees and agents against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of them incur directly or indirectly arising from your use of the Platform or any breach of these Terms by you.
If you breach, or we suspect that you have breached, any of these Terms, we may, in addition to any other rights we have at law or otherwise, suspend (in whole or part) or terminate your use and access to the Platform without further notice.
(a) You may not assign or transfer any rights or obligations under these Terms to any third party. We may assign or transfer any rights or obligations under these Terms to any third party in our absolute discretion.
(b) You warrant that all communications and information provided by you using this Platform are not fraudulent or defamatory, and will not otherwise infringe any law or any third party rights. You further warrant that Autism CRC's use of that information in accordance with these Terms will not infringe the rights of any third party.
(c) If any part of these Terms is held to be unenforceable, void or illegal, that part may be severed and the remainder of these Terms will continue in full force.
(d) Any waiver of our rights under these Terms is not effective unless in writing signed by us. Any failure or delay by us in exercising a right under these Terms does not constitute a waiver of our rights. Any waiver by us will only waive our specified rights in those specified circumstances and will not waive any of our other rights, or the same rights in other circumstances.
(e) These Terms constitute the whole of the agreement between us and you and sets out all of the parties' rights and obligations in relation to the Platform, and replaces all earlier representations, statements, agreements and understandings except to the extent the Terms apply.
(f) These Terms are governed by the laws in force in Queensland, Australia. You agree to the jurisdiction of the courts of Queensland and the Commonwealth of Australia.
If you have any questions or comments regarding the Platform, these Terms please contact us via the details below:
Attention: Digital Product Manager
The University of Queensland, Long Pocket Precinct
Level 3, Foxtail Building
80 Meiers Road
Indooroopilly QLD 4068
Phone: +61 (0)7 3377 0600