ACHPER Australia conditions of use - online systems.
A. BACKGROUND
1. The Australian Council for Health, Physical Education and Recreation (ACHPER) Australia (ABN 76 631 438 668) and each ACHPER Branch (defined in section 2 below) provides access to a number of Online Systems (defined in section 3 below) for the benefit of educators, students, participants, professionals, members, stakeholders, and the general public. These Online Systems are generally operated by ACHPER or the relevant ACHPER Branch on servers in Australia but may be operated by third parties contracted by ACHPER or Branches, using servers both in Australia and overseas.
2. For the purposes of these Conditions of Use (“Conditions of Use”), the term “ACHPER Branch” refers to each of ACHPER’s State and Territory Member Organisations (being the governing bodies in each Australian State and Territory known as ACHPER ACT, ACHPER NSW, ACHPER NT, ACHPER Queensland, ACHPER SA, ACHPER Tasmania, and ACHPER WA), and any other organisation that, from time to time, delivers ACHPER programs, for example, affiliated professional development centres or licensed program providers.
Please note the organisation now moving to the brand ‘Active Education Australia’ and still trading as ACHPER Victoria (ABN 23 911 016 643 | ARBN 677 215 904 ) resigned from ACHPER in October 2024, that organisation is not affiliated with ACHPER.
3. For the purposes of these Conditions of Use, the term “Online Systems” includes, but is not limited to:
a. A computer or device connected to a network (such as Internet) and ready to use (or be used by) other computers or devices.
b. Database, file, or webpage available for downloading or reading.
c. Services such as event registration systems, participation registration, membership management, online learning or development, or capability such as online help, available directly through a computer system or under its direct control.
d. Digitized content that can be transmitted over the internet or computer networks, including text, audio, video, and graphics.
e. Websites and applications that enable users to create and share content or to participate in social networking, including bulletin boards, chat forums, and comments sections.
4. These Conditions of Use govern your access to and use of the Online Systems and any services provided through or in connection with the Online Systems (“Services”). By accessing or using the Online Systems or Services, you are deemed to agree to these Conditions of Use, and your access to and use of the Online Systems and Services is conditional upon your compliance with these Conditions of Use. If you do not agree to these Conditions of Use, you must immediately exit and cease to access or use the Online Systems and Services.
B. CONDUCT
5. ACHPER wants everyone who uses the Online Systems to have a safe and enjoyable experience and needs your help to ensure this is the case. As such, in using the Online Systems you agree that you will comply with ACHPER’s Social Media Policy and will not:
a. Post content that is:
i. Hate speech or racially offensive;
ii. Threatening or abusive;
iii. Obscene, offensive, defamatory, vulgar, indecent, pornographic, profane, or contains nudity or graphic or gratuitous violence;
iv. Likely to or intended to incite violence;
v. Unlawful or encourages conduct that would contravene any law.
b. Use an Online System for any improper or unlawful purpose, including:
i. Stalking, harassing, bullying, or discriminating against other users;
ii. Misleading or deceptive conduct, defamation, libel, contempt, or breach of confidence;
iii. Criminal activity.
c. Impersonate any other person or entity while using the Online Systems.
d. Upload viruses, worms, trojan horses, or other malicious codes, files, or programs designed to interrupt, harm, damage, destroy, or limit the functionality of the Online Systems or engage in a denial-of-service attack.
e. Do anything that could disable, interfere with, overburden, or impair the proper working or appearance or security of an Online System.
f. Copy, reverse-engineer, decompile, disassemble, or modify any Online System.
g. Collect content from any Online System using automated means (such as harvesting bots, robots, spiders, or scrapers).
h. Post unauthorised commercial communications (such as ‘spam’ or advertisements) on Online Systems.
6. ACHPER does not systematically review content posted on the Online Systems and is not responsible for that content but may screen, edit, delete, or remove any content at any time (in its sole and absolute discretion).
7. ACHPER reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information of anyone (including you) posting material that violates or allegedly violates any law.
8. If you believe that the behaviour or material of another user is objectionable or contrary to these Conditions of Use, you can report it to ACHPER using the contact details below.
C. INTELLECTUAL PROPERTY
9. All intellectual property rights relating to the Online Systems or Services are owned by or licensed to ACHPER or the relevant ACHPER Branch, unless otherwise indicated. Your use of the Online Systems does not transfer any rights to you.
10. You must not copy, adapt, modify, reproduce, decompile, communicate, broadcast, publish, or otherwise distribute any material from the Online Systems without ACHPER’s consent, except for personal, non-commercial use.
11. The Online Systems contain trademarks protected by law. You are not permitted to copy or use these without ACHPER’s written permission.
12. By submitting content (text, photos, video, etc.) you:
a. Warrant you have the right to provide it, it’s not defamatory, and it doesn’t infringe others’ rights.
b. Grant ACHPER a worldwide, non-exclusive, perpetual licence to use it.
c. Consent to ACHPER using your name, likeness, or other identifying features in relation to the content.
d. Waive moral rights and consent to edits and adaptations.
e. Consent to ACHPER linking your content to other materials and using it for ACHPER business purposes.
13. You must not link to ACHPER websites without written permission.
D. PERSONAL INFORMATION
14. ACHPER respects your privacy. Personal information will be handled in accordance with the ACHPER Privacy Policy, including how to access or correct your information and how to lodge a complaint.
15. You may need to register or sign in to use certain Online Systems features.
16. Registration information must be true and correct.
17. Certain information (such as names, roles, and event participation details) may be made publicly available in accordance with the ACHPER Privacy Policy.
18. You are responsible for keeping your details up to date.
E. SIGN-ON CREDENTIALS
19. Keep your sign-on credentials confidential.
20. Notify ACHPER immediately if you become aware of unauthorised use.
21. Do not transfer your credentials without permission.
22. Change your password regularly.
23. ACHPER may merge duplicate records.
24. Under 18s should obtain parental consent before registering.
F. ANTI-SPAM NOTICE
25. Do not use information from Online Systems (such as email addresses) to send unsolicited messages.
G. ADMINISTRATORS
26. If you administer an Online System, you must:
a. Ensure information is accurate and updated.
b. Maintain security of credentials.
c. Comply with these Conditions of Use.
d. Notify individuals their personal information will be used in accordance with the ACHPER Privacy Policy.
H. THIRD PARTY WEBSITES
27. Online Systems may link to third-party sites. ACHPER is not responsible for those sites.
28. Dealings with advertisers or sponsors are solely between you and them.
I. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
29. Use Online Systems at your own risk. ACHPER provides no warranties as to accuracy or fitness for purpose. Seek professional advice where appropriate.
30. You indemnify ACHPER and its officers, employees, and affiliates against any claims arising from your use of the Online Systems.
31. You are responsible for your own hardware, software, and telecommunications costs.
32. Goods or services purchased are subject to non-refundable terms where applicable.
J. MODIFICATION OF CONTENT, ONLINE SYSTEMS AND SERVICES
33. ACHPER may update content at any time.
34. Online Systems may not always be available; ACHPER is not liable for downtime.
35. ACHPER may suspend or modify systems or services at any time.
36. ACHPER is not liable for modification, suspension, or discontinuance.
K. TERMINATION
37. ACHPER may terminate your access at any time. Licences, restrictions, and disclaimers survive termination.
L. GENERAL
38. ACHPER may update these Conditions of Use at any time.
39. ACHPER may assign its rights.
40. These Conditions are governed by the laws of South Australia, Australia.
41. Unenforceable provisions will be severed without affecting the remainder.
42. Failure to exercise rights is not a waiver.
43. References to people and terms are inclusive of entities and general expressions.
44. Contact ACHPER via info@achper.org.au
