Terms of Use
Version 1.0, last updated 30.10.23
1. Terms
This web site (“Web Site“) is owned and operated by The George Institute for Global Health (ABN 90 085 953 331) (“The George Institute” or “we“) for the administration and management of The Resilience Collaborative (“TRC“). By accessing or using the Web Site, you agree to accept and comply with the terms, conditions, notices and disclaimers stated below and elsewhere on the Web Site (known collectively as the “Terms of Use“).
By continuing to use the Web Site you: (a) accept the Terms of Use as they apply from time to time, and (b) agree that you have read, understood and accept the Privacy Policy and any other replacement, additional or supplementary privacy policy/ies or other policies relating to the Web Site or TRC we may disclose or publish on the Web Site from time to time.
The George Institute may change the Terms of Use at its discretion and without notice. A version of the current Terms of Use will be made available on the Web Site as they are changed.
2. Disclaimer
All information, text, material, images, graphics, publications, reports and works contained on and/or accessed via the Web Site or communicated by TRC, including in any newsletter published by TRC (“Content“), is provided for your general interest and is only intended to provide a summary and general overview of the matters of interest. It is not intended to amount to advice on which you should rely and you must obtain professional or specialist and/or other professional advice before taking, or refraining from, any action on the basis of the content on our Website and any TRC newsletter or platform.
The Web Site is not provided for, or intended as, a means of disseminating medical advice. Content should not be relied upon for medical purposes in any way. If medical advice is required you should seek expert medical assistance.
Although we make reasonable efforts to update the information on our Web Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Web Site is accurate, complete or up to date.
The George Institute does not guarantee that the Web Site or any Content, will always be available or be uninterrupted. Access to the Web Site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Web Site without notice.
The George Institute does not guarantee that the Web Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and applications in order to access the Web Site and any Content. You should use your own virus protection software.
3. Limitation of Liability
Subject to any statutory rights you have which, by law, may not be excluded, (including under any applicable Consumer Guarantees in the Australian Consumer Law), you acknowledge and agree that:
(a) whilst The George Institute has used due care and skill in preparation of the Web Site and its Content, The George Institute does not:
(i) warrant or make any representation regarding the accuracy, timeliness, completeness, reliability, sustainability or otherwise, of any Content or the content of any third party web site which is linked to the Web Site (“Third Party Site“); or
(ii) warrant that the functions on the Web Site will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits Content to you is free of viruses or other harmful components;
(b) except as required under the Australian Consumer Law, The George Institute does not accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access, the Web Site; and
(c) The George Institute does not exert control over users of the Web Site (including individuals referred to on the Web Site) and/or any other TRC platform and is not liable either for their opinions or their behaviour including any Content and/or advice and any defamatory statements or offensive conduct; and
(d) The George Institute will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Web Site or to your downloading of any Content on it or on any website linked to it.
To the extent that The George Institute’s liability for breach of any applicable Consumer Guarantee relates to goods or services that are of a kind not ordinarily acquired for personal, domestic or household use, the George Institute’s liability is limited (at its option) to:
(a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again;
(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
4. Third Party Sites and Advertising
The Web Site may contain links to Third Party Sites. These links are provided for your information only.
Whilst The George Institute may be associated or affiliated with Third Parties, The George Institute is not associated or affiliated with any Third Party Site and the Content in any Third Party Sites is not produced by nor is it the responsibility of or within the control of The George Institute. The George Institute does not sponsor, endorse, approve or support, in any way, the goods, services or content supplied by or displayed on Third Party Sites and will not be liable for any loss or damage that may arise from your use of them.
The George Institute does not permit the Web Site to be linked to any Third Party Site without our prior written consent. If you would like to link the Web Site to a Third Party Site please email servicedesk@georgeinstitute.org.
5. Grant of Licence by User to The George Institute
If you place any information or other material on the Web Site, including without limitation posting messages, uploading files, inputting data or engaging in any form of communication, subject to the Privacy Policy, you grant The George Institute:
(a) a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to:
(i) use, copy, sublicense, redistribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material; and
(ii) sublicense to any third party the unrestricted right to exercise any of the rights outlined in sub-paragraph (i) above; and
(b) the right to exploit all proprietary rights in any information or material including, without limitation, rights under copyright, trademarks, designs and/or patent laws in any jurisdiction worldwide.
You agree to execute and deliver to The George Institute all instruments and take all action that may be required to carry out this grant of licence.
6. Warranties
If you place any Content on the Web Site, including without limitation posting messages, uploading files, inputting data or engaging in any form of communication, you warrant that you have obtained all the necessary assignments or licences in respect of any Content supplied by a third party to you, including without limitation any authoring tool, application software or other program used in the development and production of the information supplied.
7. Copyright and restriction on use of Content
All rights are reserved to The George Institute. All Content, software and advertisements on the Web Site are protected by Australian and international copyright and trademark laws. Content on the Web Site is published in real-time. Using an industry standard Web browser, you may download, display and browse the Content including making copies in a temporary storage device necessary to facilitate browsing and print hard copies in unaltered forms for your own personal, non-commercial use provided that you:
(a) do not download the Content in its entirety as a single file;
(b) do not modify the copy of the Content from how it appears on the Web Site;
(c) include the copyright notice ‘©The George Institute for Global Health’ in the copy of the Content; and
(d) comply with all provisions of the Copyright Act 1968 (Cth) and all other relevant Australian and international copyright and trademark laws.
You must not otherwise modify, copy, reproduce, adapt, frame, publish, transmit (including broadcast), distribute, upload to a third party, link to or otherwise use any of the material on the site, including audio and video excerpts, except as expressly permitted by law or with The George Institute’s prior written consent.
You may use the Web Site and any Content only for lawful purposes. You must not use the Web Site or any Content in any manner or for any purpose that:
(a) is unlawful in any jurisdiction or has any unlawful or fraudulent purpose or effect;
(b) violates any rights of The George Institute; or
(c) is prohibited by the Terms of Use;
(d) harms or attempts to harm any person in any way.
You must not use the Web Site to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8. Trademarks
You may not use The George Institute’s trade marks or any trade marks associated with TRC in connection with any product or service that does not belong to The George Institute or in any manner that is likely to cause confusion, or that disparages or discredits The George Institute and/or TRC.
You may not use The George Institute’s trade marks or any trade marks associated with TRC in any way, including, without limitation, in advertising or publicity relating to distribution of materials, without the express prior written permission of The George Institute.
All other trademarks displayed on the Web Site are trademarks of their respective owners. Nothing contained on the Web Site should be construed as granting a licence or right to use of any trade mark displayed in the Web Site without the express prior written permission of The George Institute or the owner of the relevant trade mark.
9. Your account
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
You are responsible for making all arrangements necessary for you to have access to the Web Site and any Content. You are also responsible for ensuring that all persons who access the Web Site through your internet connection or using your computer equipment or mobile device are aware of these Terms of Use and other applicable terms and conditions and that they comply with them.
The George Institute has the right to disable any user identification code or password, whether chosen by you or allocated to you, at any time, if in the reasonable opinion of The George Institute you have failed to comply with any of the provisions of these Terms of Use or any privacy Policy or any other policy applicable to your account and/or your use of the Web Site.
Applicable Law
The Terms of Use are governed by and to be construed in accordance with the laws of New South Wales, Australia and the Commonwealth of Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales and Australia. If any provision of the Terms of Use is found to be invalid or unenforceable by such a court, such invalidity or unenforceability will not affect the remainder of the Terms of Use that will continue to have force and effect.
The George Institute makes no representation that the content of the Web Site complies with the laws of any country outside Australia.
All rights not expressly granted herein are reserved.