Website Use Terms & Conditions

The Australian Marine Conservation Society website is a space you can use to take action to protect our oceans and all of the creatures that call them home.

By using our website to help save our oceans, you agree to abide by these terms and conditions.

 

Terms of Use

Australian Marine Conservation Society Inc

This Site (Site) is owned and operated by the Australian Marine Conversation Society Incorporated (ABN 53 409 718 351), which is referred to in these Terms as “we”, “us”, “our” and other similar forms.

If you use or access the Site or the services provided through the Site, you will be deemed to have accepted and consented to these Terms. We reserve the right to update these Terms at any time and without notice to you. Your continued use or access constitutes acceptance of any changes.

A copy of the most up to date version of these Terms is available at https://marineconservation.org.au/terms-conditions/

 

1. Your Use of the Site

  1. Subject to the remainder of this clause 1, you may download material from the Site for your personal, non-commercial use, provided you do not remove any copyright and trade mark notices contained in the material.
  2. In using or accessing the Site, you must not:
    1. reproduce or distribute any of the material contained on the Site in any material form, unless expressly permitted by us;
    2. upload or repost the material to any other website, unless expressly permitted by us; or
    3. modify or copy the layout of the Site or any computer software or code contained in the Site.
  3. We reserve all intellectual property rights, including, but not limited to, copyright in material and/or services provided. The material provided on the Site is provided for personal use only and may not be:
    1. re-sold or re-distributed in any material form;
    2. stored in any storage media; or
    3. re-transmitted in any media, without our prior written consent.

 

2. Links to other Sites

  1. This Site contains links to sites on the Internet owned and operated by third parties and which are not under our control.
  2. In relation to the third-party sites which are linked to on the Site, you acknowledge that:
    1. we provide the links as a convenience to you;
    2. the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
    3. we are not responsible for the material contained on those linked sites.

 

3. Disclaimer

  1. We advocate for a better future for our oceans, based on the best available conservation science. However, we are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability, completeness or timeliness or otherwise, of the information contained on the Site and/or linked sites.
  2. To the extent that we publish information or reports on the Site, we use our best endeavours to ensure the accuracy and completeness of the information and aim to credit any independent sources so that you can verify the information provided. You should make your own independent enquiries before relying on such information.
  3. To the full extent permitted by law we disclaim all warranties, express or implied, regarding:
    1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Site and/or of any linked sites; and
    2. merchantability or fitness for any particular purpose for any service or product contained or referred to on the Site and/or on any linked sites.
  4. We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law which are the consequence of you:
    1. acting, or failing to act, on any information contained on or referred to on the Site and/or any of the linked sites; and
    2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Site and/or any linked sites.
  5. We work hard to protect the security of our site, servers and your personal information. However, we do not warrant guarantee or make any representation that:
    1. the Site, or the server that makes the site available on the Internet are free of software viruses;
    2. the functions contained in any software contained on the Site will operate uninterrupted or are error-free; and
    3. errors and defects in the Site will be corrected.
  6. We are not liable to you for:
    1. errors or omissions in the Site, or linked sites on the Internet;
    2. delays to, interruptions of or cessation of the services provided in the Site, or linked sites; and
    3. defamatory, offensive or illegal conduct of any user of the Site,
      whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

 

4. Limitation of liability

Clause 3 may not apply to you in certain circumstances. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

  1. if the breach of an implied warranty or condition relates to services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again; and
  2. if the breach of an implied warranty or condition relates to goods:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of such goods; or
    3. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

 

5. Use of personal information gathered

  1. We and any people or legal entities authorised by us may gather and process the personal information:
    1. which you may provide when accessing the Site, such as your name, address, e-mail address and other personal information about you; and
    2. regarding the way in which you use the Site including, without limitation, information acquired using “cookies” delivered to your computer when you access our Site.
  2. We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full Privacy Policy for details of how we collect, store and use your personal information.

 

6. Termination of access

We may terminate access to the Site at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Site.

 

7. Intellectual property rights

All logos, icons, brand names or service names that identifying the owner and operator of this Site are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Site are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this Site. Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

 

8. Uploading information

You represent and warrant in relation to any material and/or information you provide to the Site that:

  1. you are authorised to provide the material and/or information; and
  2. the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation.

 

9. Licence to use intellectual property

By uploading any material that is protected by intellectual property rights including, but not limited to, copyrighted works and material other than works, trade marks and service marks (Intellectual Property) on to the Site, you are granting us a perpetual, non-exclusive and payment-free licence throughout the world to:

  1. reproduce, use and exploit the Intellectual Property, as part of the Site, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Site is available to users; and
  2. allow us to sub-licence others the same rights granted to us in paragraph (a) above.

 

10. Removal of information

In relation to any material and/or information included on the Site, we may remove any material and/or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material and/or information.

 

11. Indemnity

You will at all times indemnify and keep indemnified us and our respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

  1. any breach of these Terms by you; and
  2. publication of or distribution of the material and/or information supplied by you.

 

12. Jurisdiction

  1. If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
  2. These Terms will be governed by and interpreted in accordance with the law of the State of Queensland, Australia, without giving effect to any principles of conflicts of laws.
  3. You agree to the exclusive jurisdiction of the courts of the State of Queensland, Australia to determine any dispute arising out of these Terms.