Austrade FTA Tookit Terms And Conditions
Your use of this site (the Site), which includes your use of the FTA Tookit site (the Library), is subject to the following terms and conditions, which constitute a binding agreement between you and the Australian Trade Commission of Level 23, 201 Kent Street, Sydney NSW 2000 (Austrade).
Please read these terms and conditions carefully as they apply to your use of the Site and the Library. Unless otherwise agreed in writing with Austrade, your use of the Library will always be subject to the terms and conditions set out below. In addition, your use of the Library may be subject to additional terms and conditions, as notified to you from time to time. By using the Library you acknowledge that you have read these terms and conditions, and any additional terms and conditions notified to you by Austrade from time to time, and agree to be bound by them.
If you are an Austrade staff member, your use of the Library is also subject to the Promotions and Advertising Policy, located on Austin.
Changes to these terms and conditions
Austrade may from time to time (with or without notice to you) amend or update these terms and conditions at its sole discretion. Accordingly, you should ensure that you regularly review them. The version of the terms and conditions applicable to your access to and use of this Site is the current version displayed on this Site at the time you access or use this Site. By continuing to access or use this Site after such changes, you are deemed to agree to be bound by such changes.
Grant and Scope of Licence
Austrade agrees to grant you a revocable, non-exclusive, non-transferable, non-sublicensable, personal licence or sublicence to use the images contained in the Library (Images) for the permitted purpose identified by you in writing, and agreed to by Austrade, at the time of your request for access to the Library. You must not allow any other person to use or enjoy any of the rights granted under this licence. You must not use the Images for any purpose other than the permitted purpose agreed to by Austrade. In these terms and conditions 'Images' includes photos, drawings, graphics, trade marks, any artistic or literary works, films, videos, sound recordings, information sheets, guidelines, templates and any other works, in whatever media presented, and whether protected by copyright, registered as trade marks or not.
It is your responsibility to provide Austrade with details, in writing, of how the material will be used. You may not have permission to use all of the Images and Austrade may limit or restrict the ways in which you may use Images. You must comply with any restrictions or limitations Austrade places on your use of the Images. These may be notified to you in various ways, including by way of a notice on this Site. If you are uncertain of whether your use of an Image is subject to any restrictions or limitations, or whether your intended use of an Image is allowed, you must seek verification from Austrade before using the Image.
This licence will terminate immediately upon the expiry of the agreed term of use, upon your breach of the terms and conditions or upon verbal or written notice to you by Austrade.
Austrade may revise these terms and conditions from time to time by updating this page. The revised terms will take effect when they are posted.
Your use of some parts or features of the Site may be governed by additional terms and conditions. Where this is the case you will be notified accordingly, and those additional terms and conditions will:
a.apply to your use of such parts of the Site or features in addition to these terms and conditions; and
b.prevail over these terms and conditions to the extent of any inconsistency.
You must use the Images in accordance with any guidelines provided by Austrade from time to time, including by way of a notice on this Site. You must not use any of the Images in any derogatory or inappropriate context or in association with any derogatory or inappropriate material.
Upon completion of the permitted use you shall destroy or return to Austrade all copies of any items obtained from the Library.
Use of the Australia Unlimited brandmark represents branding associated with promotion of trade and is not endorsement of any quality or performance of a product or retail supplier. Austrade denies liability for any lost cost or expense incurred as a result of reliance on the marked goods or in the marked event and any such reliance is at the discretion of the user.
Intellectual Property Rights
You acknowledge that the Images, and other items on the Site, may be protected by intellectual property rights (including copyright, patents, database rights and trade mark rights) which are owned by Austrade and other parties.
All intellectual property rights subsisting in, relating to or arising out this Site, the Library or the Images are owned by and vest in Austrade (or its licensors). You acknowledge and agree these terms and conditions do not transfer any right, title or interest in Austrade's (or its licensors’) intellectual property rights to you.
Austrade does not give any warranty in relation to any of the Images and does not warrant that the use by you of the Images will not infringe the rights of any third party. To the fullest extent permitted by law, any statutory warranty is hereby excluded.
Other than provided for by this licence, or Austrade's prior written consent, you must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Images or other items on the Site in any way for any public or commercial purpose, or permit or authorise any other person to do the same.
The appropriate copyright owner of each Image is to be credited, in writing, at all times. For example, if you use a photo from the Library in your own materials you should include the words "Photograph: [insert name of copyright owner]" next to that photo.
Your Use of the Site
You must not:
a. submit, post, upload, email or otherwise send or transmit to this Site, Austrade, or any other user of this Site or any other person anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Site;
b.disrupt or interfere with the Site or servers, networks, software, hardware or equipment underlying or connected to or via the Site or violate any of the procedures, policies or regulations of this Site or any networks connected to this Site;
c. reproduce any items from the Site without Austrade’s express written permission, which Austrade may withhold or grant (on terms acceptable to us), in our absolute discretion;
d.impersonate any other person while using this Site, conduct yourself in an offensive manner while using this Site, or use this Site for any illegal, immoral or harmful purpose;
e.violate any Applicable Laws relating to your use of the Site;
f. collect or store personal data about other users of the Site or
g.disclose your login user name or password for this Site to any other person. If such disclosure has or you believe that such disclosure may have occurred (whether intentionally or accidentally), then you must immediately inform Austrade.
In these terms and conditions, Applicable Laws in relation to any person, action or thing means the following in relation to that person, action or thing:
a.any law, rule or regulation of any country (or political sub-division of a country);
b.any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
Links and Advertisements
Austrade has not reviewed all of the sites linked to this Site and is not responsible for the content, policies and practices of sites operated by persons other than Austrade, even if: (i) you access them using links on this Site; or (ii) you are directed or link to this Site using links on such sites. The inclusion of any link on this Site does not imply that Austrade endorses the linked site, and you access those sites at your own risk. Austrade does not accept any responsibility or liability for any claims arising out of the descriptions or information supplied.
Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and such advertisers. Austrade shall not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.
During your use of the Site, Austrade may issue to and request from your computer blocks of data known as "cookies". By using this site you authorise us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site. More information on cookies can generally be found in the “help” (or similar) section of your computer’s internet web browser.
Use of the Site is at Your Risk
You use the Site at your risk. The Site, the Library and all Images are provided to you "as is" and "as available" and Austrade makes no representations, warranties or undertakings of any kind, either expressed or implied with respect to the Site, the Library and the Images, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, currency, accuracy or completeness of the Site, the Library or the Images or that the same will be error, defect, "bug" or "virus" free. Austrade excludes all representations and warranties to the fullest extent permissible under any Applicable Law.
Austrade may (with or without notice to you) modify, restrict, prevent or withdraw your access to or use of this Site, the Library or any Images, or make changes to the same, for any reason whatsoever or for no reason, including where Austrade believes that you are in breach of these terms and conditions. Austrade shall not be liable if this Site, the Library or any Images are unavailable for any period.
Limitation of Liabilities and Indemnities
To the extent permitted by law, Austrade shall not be liable to you, your principal or any other person or entity for any general, special, specific, direct, indirect, consequential, incidental or other damage or loss arising out of these terms and conditions or otherwise.
If any law implies a condition or warranty into these terms and conditions in respect of goods or services supplied, and Austrade's liability for breach of that condition or warranty may not be excluded but may be limited, Austrade's liability for any breach of that condition or warranty is limited to: (i) in the case of a supply of goods, Austrade doing any one or more of the following (at its election): replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or paying the cost of having the goods repaired; or (ii) in the case of a supply of services, Austrade doing either or both of the following (at its election): supplying the services again; or paying the cost of having the services supplied again.
You hereby agree to indemnify and hold harmless Austrade (and its officers, employees and representatives) against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by Austrade (or its officers, employees and representatives) as a result of:
a.you or your principal's or any authorised person's use of this Site, including the Library and any Images;
b.you or your principal's or any authorised person's failure to fulfil any obligations imposed on you by these terms and conditions; or
c. any other matter arising out of these terms and conditions.
You must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these terms and conditions. Austrade may assign, transfer, sub-contract or otherwise dispose of any or all of Austrade's rights and/or obligations under these terms and conditions.
Austrade will not be in breach of these terms and conditions or otherwise liable to you or any other person for any unavailability or failure of this Site, the Library of any Images, or any delay or other failure by Austrade to comply with these terms and conditions that is caused by or arises from any event or circumstances beyond Austrade's control.
No failure to exercise nor any delay in exercising by Austrade of any right, power, privilege or remedy under these terms and conditions shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these terms and conditions shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
If any part of these terms and conditions is held to be illegal, void, valid or unenforceable under the Applicable Laws of any jurisdiction, that part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
This agreement is governed by the laws of the Australian Capital Territory, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory, Australia.
All correspondence to Austrade, including any queries you may have regarding this Site or these terms and conditions, should be sent to:
Address: Australian Trade Commission, Level 23, 201 Kent Street, Sydney NSW 2000.