PALNET Terms and Conditions
- Agreement to be bound by Terms and Conditions
- Eligibility and registration
- Intellectual property
- Personal information and the Privacy Statement
- User Material
- Your conduct
- Termination and disablement of user accounts
- Variation of PALNET
- Third party pages
- Indemnity
- Limitation of Liability
- General
1. Agreement to be bound by Terms and Conditions
Principals Australia Institute (“us, we, our,”) offers the PALNET environment from the URL www.palnet.edu.au (“PALNET”). By accessing using or browsing PALNET (whether or not you are registered for PALNET), or by continuing to do so, users (“you, your”) expressly accept and agree to be bound by these terms and conditions.
You further acknowledge that Principals Australia Institute reserves the right to change these terms and conditions from time to time. Any such changes will be notified on the PALNET website.
These terms and conditions are current at 30/01/2013.
2. Eligibility and registration
PALNET is intended for Australian residents who are part of the Australian education community, however Principals Australia Institute can, in its absolute discretion, accept registration for PALNET from any person.
Users can register for PALNET by accessing the registration page and completing the required information.
By registering for PALNET you warrant that you have the capacity to understand, agree to and comply with these terms and conditions.
You must provide true, accurate and complete information in the registration process.
As part of the registration process, you will provide a username and password. You are responsible for keeping your password secure and for all activities occurring under your username and registration with PALNET. Principals Australia Institute may refuse to grant you your requested username if it considers that user name to be inappropriate.
3. Intellectual property
PALNET may contain material which is subject to copyright and other
intellectual property rights owned by or licensed to Principals Australia Institute. The material may be in any form, including without limitation software, documents, designs, graphics, text, images, full motion video and sound (“Material”).
Provided that you are eligible to use PALNET you are granted a revocable, non-sublicencable licence to access and use the Material subject to the following restrictions:
3.1 Your use of the Material is limited to the viewing, copying, printing and distribution of Material in electronic or other forms for Educational Purposes. Your use of the Material is contingent upon your retention of all copyright and other intellectual property notices appearing on and in connection with the Material.
3.2 You must not use or distribute PALNET other than for Educational Purposes without the prior written consent of Principals Australia Institute.
3.3 You must not breach copyright or any other intellectual property rights of Principals Australia Institute or its licensors, by amending or adapting the Material, or reverse engineering any Material consisting of downloadable software.
3.4 PALNET is a registered domain name owned by Principals Australia Institute and may not be copied, modified, reproduced, published, uploaded, distributed or posted in whole or in part in any way without the prior written consent of Principals Australia Institute.
Any use of the PALNET functionality and/or the content other than as specifically authorised in these terms and conditions is prohibited.
In this clause 3 “Educational Purposes” means for the direct use of those in the education sector for the work of leading learning and improvement in schools and pre-schools.
4. Personal information and the Privacy Statement
Principals Australia Institute deals with the accessibility and collection of personal information in accordance with the Privacy Act 1988 (Cth).
In using PALNET you may give us personal information in respect of which you have certain rights. By accessing and/or using PALNET you acknowledge that your information will be added to Principals Australia Institute’s database for the purposes set out in, and held in accordance with, Principals Australia Institute’s third party privacy policy (“Privacy Policy”). You grant Principals Australia Institute consent to use your personal information in accordance with the Privacy Policy and acknowledge that these terms and conditions should be read in accordance with the PrivacyPolicy. A copy of the Privacy Policy can be found on the PALNET website.
5. User Material
PALNET may contain material uploaded, posted, emailed or otherwise electronically
transmitted (posted) by users of PALNET, including you (“User Material”). You are solely responsible for your conduct and any User Material which you have posted. Principals Australia Institute does not monitor, exercise editorial control over or check the truth or accuracy of any User Material. To the maximum extent permitted by law, Principals Australia Institute makes no warranties, express or implied, as to the content and does not assume any responsibility for the accuracy or completeness of User Material. However, Principals Australia Institute reserves the right to (but has no obligation to)
- access, remove, edit or examine any User Material in its absolute discretion; and
- move, remove or disable access to User Material which Principals Australia Institute considers, in its sole opinion, to breach these terms and conditions or to be otherwise unacceptable.
You further acknowledge that Principals Australia Institute may in its absolute discretion remove User Material posted by you. Principals Australia Institute reserves the right to establish and act in accordance with guidelines including but not limited to guidelines as to storage of data on PALNET and maximum memory allocated to each User. You agree that Principals Australia Institute has no responsibility or liability for the deletion of or failure to store any User Material. We recommend that you backup or take copies of any User Material which you post.
In relation to any User Material posted by you:
- you represent and warrant that the material is not confidential to or owned by any other person and that you have the right to post the User Material in accordance with these terms and conditions; and
- you represent and warrant that the use of the material by Principals Australia Institute is not illegal or defamatory and will not expose Principals Australia Institute to any civil or criminal liability, including but not limited to a warranty that the material is not misleading or deceptive or likely to mislead or deceive.
You or your licensors will continue to own your User Material, and may continue to use it and license it to any other persons. By posting any User Material, you grant Principals Australia Institute a licence to use, modify, publically perform and display, reproduce and distribute your User Materials solely for the purpose of providing PALNET (“Licence”). The Licence is royalty free (meaning Principals Australia Institute does not have to pay you for use of the User Material in this manner), sublicensable (so that Principals Australia Institute can grant the Licence to other users, and so that Principals Australia Institute can use its subcontractors to provide PALNET) and worldwide (because the User Materials are accessible globally on the Internet). The Licence terminates when you remove your User Material from PALNET except that:
- the Licence will continue for the continued use of your User Material by other users of PALNET who may have legitimately obtained your User Material when it was posted on PALNET ; and
- Principals Australia Institute may retain backup and archived copies of your User Material.
6. Your conduct
You must use PALNET responsibly and in compliance with all applicable laws.
In using PALNET you must not:
6.1 do anything that would give rise to criminal or civil liability for either yourself or Principals Australia Institute;
6.2 harvest or collect email addresses or other personal information;
6.3 use PALNET in a manner which would interfere with or disrupt other users, services or equipment;
6.4 impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
6.5 upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
6.6 post inflammatory, abusive, profane, threatening or offensive comments or other User Material;
6.7 post spam or junk mail;
6.8 post material that infringes the Intellectual Property rights of any other person; or
6.9 reproduce posts or other User Material without the written consent of the author.
7. Termination and disablement of user accounts
You acknowledge that Principals Australia Institute reserves the right to disable
user accounts:
7.1 that are inactive for an extended period of time;
7.2 as a result of a decision to discontinue PALNET; and
7.3 for any other reason in the sole discretion of Principals Australia Institute.
Principals Australia Institute may terminate your registration, delete your profile and any content or information that you have posted on PALNET or suspend or terminate your access to all or any part of PALNET for any reason, or no reason, at any time in its sole discretion with or without notice. Despite any termination of your registration with PALNET, clauses 5, 7, 10 and 11 will remain in full force.
You may terminate your registration on PALNET by emailing a request palnet@pai.edu.au
8. Variation of PALNET
You acknowledge that Principals Australia Institute may, in its sole discretion and with or without notice:
8.1 vary any part of PALNET ; and
8.2 modify or discontinue PALNET or any part of it.
9. Third party pages
PALNET may contain links to other third party websites. Principals Australia Institute is not responsible for any content found on a third party page, or any site of which it forms a part. You must determine whether any page is part of PALNET each time you follow a link to that page. The selection or omission of links is not intended to endorse any particular companies or products.
Principals Australia Institute may not have, and does not warrant that it has in any circumstances, reviewed any URL linked to or from any part of PALNET.
10. Indemnity
By using PALNET you agree to indemnify Principals Australia Institute from and against all liability for any loss and damage or cost incurred which results from your breach of these terms and conditions or your use of PALNET.
11. Limitation of liability
Neither Principals Australia Institute nor its affiliates will be liable for any direct, indirect, incidental, special and/or consequential damages or loss of profit whatsoever resulting from any use or access to, or inability to use or access, PALNET.
Use of PALNET is at your own risk.
Principals Australia Institute makes no warranties as to the accuracy or completeness of User Material or any other matter appearing on PALNET and excludes liability to the extent permitted by law for any User Material and any use or reliance on User Material or other matter appearing on PALNET is strictly at the risk of the User.
The views and comments expressed on PALNET are not necessarily the views
of Principals Australia Institute.
Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Schedule 2 of the Competition and Consumer Act 2010 (Cth), and corresponding provisions
of State or Territory legislation which contain provisions including implied
terms and warranties that operate to protect the consumers of goods and
services in various circumstances.
If any condition or warranty is implied into these terms and conditions under the Competition and Consumer Act 2010 (Cth) or any equivalent State or Territory legislation and cannot be excluded, and Principals Australia Institute is able to limit your remedy for a breach of such a condition or warranty, then the liability of Principals Australia Institute for breach of the condition or warranty is limited to one or more of the following at Principals Australia Institute’s option:
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Subject to Principals Australia Institute’s obligations under the implied conditions and warranties referred to in this clause, the maximum aggregate liability of Principals Australia Institute for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to AUD$1,000.
12. General
PA does not guarantee that PALNET is free from computer viruses or anything else which can be harmful to electronic devices.
PALNET and any right or obligation under these terms and conditions is governed by the laws in force in the State of South Australia, Australia (other than the conflict of laws rules) and the parties submit to the non-exclusive jurisdiction of the courts of the State of South Australia, Australia in respect of any action that arises under these terms and conditions. The failure of Principals Australia Institute to exercise or enforce any right or provision of these terms and conditions does not constitute a waiver of such right or provision in that or in any instance. If any provision of these terms and conditions are held to be invalid, unlawful void or otherwise unenforceable, then that
provision will be deemed severed from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.
If you have any questions about these terms and conditions, please
contact palnet@pai.edu.au
© 2011 Principals Australia Institute