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Terms and Conditions

Terms and Conditions

By accessing, viewing, or using this Website, you indicate that you understand and intend these Terms and Conditions of Use to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. Please note that NSWCA reserves the right to amend the Terms and Conditions of Use under which this Website and its offerings are extended to you at any time, but will alert you that changes have been made by indicating the date the terms were last updated. We encourage you to review our terms of use whenever you use this Website. Your continued use of this Website following such modifications will be conclusively deemed your acceptance of any changes to these Terms and Conditions of Use.

Licence Grant. These Terms and Conditions of Use provides you with a personal, revocable, nonexclusive, nontransferable licence to use this Website conditioned on your continued compliance with these Terms and Conditions of Use. You may print and download materials and information on this Website solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. As a further condition of use of this Website, you warrant to NSWCA that you will not use this Website for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions of Use.

Information Surety. While the NSWCA works hard to ensure that the information and materials provided on this Internet Website are accurate and complete, it is possible that the information may change prior to this site being updated, and/or that the errors or omissions may occur. We welcome your suggestions on how to improve this Website and correct errors.

Please use the information on this Website based on your own evaluation and analysis of any risks. It is your responsibility to ensure that the information you use is accurate and appropriate to your use. NSWCA assumes no responsibility for consequences resulting from the use of the information included on this site or from the use of information obtained at linked Internet addresses or through third parties referred to herein.

Disclaimer of Endorsement. Reference to specific commercial businesses, products, processes, or services by trade name, trademark, manufacturer, or otherwise, on any Website administered by the NSWCA does not imply its endorsement, recommendation, or favouring by NSWCA, unless specifically stated. While the NSWCA may be endorsed by certain companies and/or third parties any opinions, advice, statements, services, offers or content expressed or made available by these third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) are their own and do not necessarily reflect those of the NSWCA.

Links to other Internet sites. NSWCA may provide links from its Web pages to external Websites because these sites provide information that may interest our members. These links are provided as a convenience only. NSWCA does not endorse, approve, certify, or control these external sites and does not guarantee the accuracy, completeness, efficiency, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such external addresses is voluntary, and reliance on it should be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.

Copyrights and Trademarks. Unless otherwise indicated, NSWCA owns all rights, including but not limited to copyright, trademark, and service mark rights, to all materials and documents provided on this Website. Any person may view and print the documents and materials on this site provided that the materials and documents are used for personal informational purposes only. The information and materials contained on this site may not be used for commercial purpose. Any copy of the materials and documents or portion thereof must include this copyright notice. Trademarks and service marks of NSWCA may not be used in any way without the express written permission of NSWCA.

Liability. NSWCA does not make any express or implied warranties about the information contained in this Website for your particular use. NSWCA disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on information found on its Website to the full extent provided by state and Federal law.

ALL INFORMATION ON THIS Website IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, as far as permitted by law.

IN NO EVENT SHALL NSWCA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, as far as permitted by law.

Indemnification. You agree to defend, indemnify, and hold harmless NSWCA and its officers, members, volunteers, agents, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable solicitors’ fees and litigation expenses), relating to or arising from your use of the Website, your breach of these Terms and Conditions of Use, or any other matter for which you are responsible hereunder or under law.

Code of Conduct. You agree not to do the following:

(1) Restrict or inhibit any other user from using and enjoying the Website. This includes, without limitation: (a) using, or attempting to use, any account without the owner’s permission, (b) obtaining or soliciting another person’s password or other personal information under false pretenses, or (c) impersonating another user or otherwise misrepresenting yourself to NSWCA, the Website’s systems, or other entities.

(2) Interfere (or attempt to interfere) with the operation of the Website. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Website, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Website that you are not authorized to access. Unauthorized access (or attempts) may subject you to civil and/or criminal penalties.

(3) Use the Website to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.

(4) Use the Website for any unlawful purposes.

(5) Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Website.

Password Policy. Your use of certain portions of this Website may require a password. Anyone with knowledge of your password can gain access to the restricted portions of this Website and the information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms and Conditions of Use, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through the Website using your password. You must also immediately notify NSWCA if you become aware of any loss or theft of your password or any unauthorised use of your password. NSWCA reserves the right to delete or change a password at any time and for any reason.

Waiver. Failure to insist on strict performance of any of the Terms and Conditions of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by NSWCA of any right under these Terms and Conditions of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Severability. If any part of these Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions of Use shall continue in effect.

Governing Law; Disputes. Any disputes arising in connection with these Terms and Conditions of Use and the Privacy Policy shall be resolved in the state courts located in New South Wales, Australia. The validity, construction, and performance of these Terms and Conditions Agreement shall be construed in accordance with the laws of the State of New South Wales, Australia.

This Website is controlled and operated by NSWCA from within Australia. NSWCA makes no representation that materials on the Website are appropriate or available for use in other locations, and access to them from countries where any of the contents of this Website are illegal is prohibited. If you choose to access this Website from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

Costs and Solicitor’s Fees. In any action to enforce these Terms and Conditions of Use, the NSWCA will be entitled to reasonable costs and solicitor’s fees.

Privacy Policy. Please see NSWCA’s Privacy Policy below for a summary of NSWCA’s practices regarding collection and use of non-public personal information. By using this Website, You consent to NSWCA’s collection and use of personal data as outlined therein.

Privacy Policy

When you visit this Website, some information such as your Internet address, Internet Service Provider, operating system, the site from which you linked and the time and date of your visit may be collected automatically as part of the software operation of this site. This may include things like Internet Protocol (IP) addresses and other system information. We may use this information to compile aggregate statistics about the total number of daily visitors to our site, the pages most frequently visited, and how long people stay at each page, as well as to investigate potential security incidents and vulnerabilities associated with the use or abuse of this site.

We also may collect personal information, including phone number, postal address, e-mail addresses, and other information you chose to provide at various times, such as when you complete an online application or request. The personal information we collect online is used to process your requests, to tell about opportunities we think will be of interest, and to understand your needs so that we can serve you better. For example, we may use your e-mail or postal address to alert you about information we think may be of special interest.

How we store and protect your personal information. Information collected online is electronically stored. NSWCA is not responsible for any information you provide to additional parties, and we encourage you to become familiar with their practices before disclosing information to them.

Apart from this, we disclose personal information in good faith belief that we are required to do so by law, or that by doing so is reasonably necessary to: comply with legal process; respond to any claims; or protect the rights, property, or personal safety of NSWCA, its members, our customers, or the public.

Opting out. If, at any time, you wish to opt-out of having your personal information collected by NSWCA, used by NSWCA for secondary purposes, or stop receiving emails or communications from NSWCA or if you have any questions or concerns, please e-mail us at the email address stated in the Website. You may also use any of the contact methods used in the Website.

Accessing and Changing Your Information. If you are registered user of the Website, you may review and update or correct your information online or by contacting us as provided above.

What are cookies and are you required to accept them? NSWCA may use Internet “cookies”, web beacons, or other technology to collect information from visitors’ hard drives. Your browser gives you the option to accept or decline cookies. Cookies are small pieces of text stored on your computer that help us know where you’ve been on our site and what pages to present to you next. They also tell us what pages are being viewed and which are not. This helps us design the site to make your experience easier.

Security. While no physical or electronic security system is impenetrable, NSWCA strives to maintain levels of privacy and security consistent with industry standards. To protect the security of information supplied by users in order to access restricted areas, users must provide e-mail addresses and passwords to access their information. Although NSWCA takes measures to safeguard against unauthorised disclosure of a user’s data or personal information, NSWCA cannot control Internet transmissions and cannot guarantee or warrant that personal information transmitted to NSWCA will never be compromised.

Geolocation Information. NSWCA may collect geo-location information if you enable your computer or mobile device to send us location information. You may be able to change the settings on your computer or mobile device to prevent it from providing NSWCA with such information.

Third Party Websites. This Website may contain information about third parties and/or links to other Internet websites. NSWCA has no control over these third party sites and their privacy practices, and this Privacy Policy applies only to information you supply (or that we collect) in connection with use of the Website. You should review third party privacy policies in connection with visiting other sites.

Governing Law. This Privacy Policy and the privacy practices of NSWCA will be subject exclusively to the laws of the State of New South Wales, Australia and you submit to personal jurisdiction in New South Wales. The parties irrevocably agree that the state courts located in New South Wales, Australia shall have exclusive jurisdiction in respect of any dispute which may arise out of or in connection with this Privacy Policy. NSWCA makes no representation that this Privacy Policy and such practices comply with the laws of any other state or country. Visitors who use the Website and reside outside Australia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of Australia, by using the Website, you consent to the transfer and use of your information outside your country.

Changes to this Policy. NSWCA reserves the right to change this Privacy Policy at any time, but will alert you that changes have been made by indicating the date the terms were last updated. We encourage you to review our terms of use whenever you use this website.