eBeacon

The use of eBeacon is subject to the following terms and conditions, the Privacy Statement and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on eBeacon from time to time (together, Terms of Use).

By registering on, accessing or using eBeacon, you will be deemed to have accepted and agreed to be bound by the Terms of Use as updated from time to time.  If you do not agree with any of Terms of Use, or any changes to them, do not register on or use eBeacon.

1.  Registration on eBeacon

eBeacon is available for use by members of the Beacon community.

To access or use eBeacon, you must first request registration via the online eBeacon registration form,  You must provide us with complete and up-to-date information, as requested.  It is your responsibility to inform us of any changes to your registration information.

You agree to keep your eBeacon password confidential and secure and not to permit any other person to access eBeacon using your password.  We are entitled to assume that all uses of eBeacon under your eBeacon account are undertaken by you.

It is a requirement for all eBeacon members to hold a current Working with Children Check (WwCC), or equivalent from the state in which they reside. Full use of eBeacon is dependent upon you providing Beacon Foundation with all details necessary for Beacon Foundation to ascertain that you hold the appropriate check.

2.  Access and use of services

You acknowledge and agree that we may:

• make changes to eBeacon, or discontinue the operation of eBeacon or any services on eBeacon, at any time and with or without notice to you;
• monitor your access to and use of eBeacon; and
• cancel your access to eBeacon for any reason, including if we believe:
  • you have breached the Terms of Use; or
  • you are no longer eligible or authorised to access eBeacon.

Your access to eBeacon depends on telecommunications and internet service providers and other external factors and we do not guarantee the availability of eBeacon at all times or at any specific times.

While we will take precautions to ensure eBeacon is secure, no data transmission over the Internet can be guaranteed as totally secure.  Accordingly, we cannot ensure the security of any information you transmit to, from or using eBeacon and you do so at your own risk.

3.  User-posted content

Some parts of eBeacon may allow you to submit, upload, post or transmit content or material such as text, photos, images, audio and video (including links to content or material) (Material) that may be accessed and viewed by other users of eBeacon (Other Users) and/or other websites operated by Beacon Foundation (including but not limited to Beaconfoundation).  You are responsible for any Material you submit to, on or through eBeacon and must respect the legal rights and sensibilities of Other Users.

We reserve the right to (but have no obligation to) review, remove, modify, deny access to or not display any Material submitted, uploaded, posted or transmitted to, on or through eBeacon in our sole discretion.

By submitting, uploading, posting or transmitting Material to, on or through eBeacon, you:

• grant us a royalty free, perpetual, worldwide licence to (and to authorise others to) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Material for the purposes of operating eBeacon and/or other websites operated by Beacon Foundation (including but not limited to Beaconfoundation) and our promotional purposes;
• consent to us using and publishing (and authorising others to use and publish) your name, character, likeness, image, voice or anything else that identifies you which is contained in the Material for the above purposes;
• grant Other Users of eBeacon a royalty free, perpetual, worldwide licence to use, copy and reproduce such Material in connection with the Beacon Program and Beacon Program activities and initiatives;
• warrant that you are legally entitled to submit, upload, post or transmit the Material to, on or through eBeacon and have obtained all necessary licences, consents and approvals in relation to the Material (including intellectual property licences and in relation to the use of any name, character, likeness, image, voice or anything else that identifies any person that is included in the Material) to enable you to submit, upload, post or transmit the Material to, on or through eBeacon and to permit us and Other Users to deal with the Material in accordance with the licences granted above; and
• consent to any act or omission that would otherwise infringe your moral rights in the Material and present and future rights of a similar nature conferred by statute anywhere in the world.

4.  No liability for misuse by Other Users

We do not warrant that Material submitted, uploaded, posted or transmitted by you will be protected against misuse by third parties.  In particular, we are not responsible for the infringement of the copyright in Material by Other Users.

5.  Conduct on eBeacon

You must not submit, upload, post or transmit Material to, on or through eBeacon that:

• is offensive, unlawful, defamatory, false or misleading, discriminatory, unsuitable for minors or of an abusive, obscene, offensive or menacing nature;
• contains nudity, swear words or excessive violence;
• is reasonably likely to offend an Other User;
• contains advertising or is otherwise submitted, upload, posted or transmitted for commercial purposes;
• violates or infringes (or the use of which violates or infringes) the intellectual property or other rights of any person or entity;
• contains personal information of any person (such as name, address, email address, phone number), except with the relevant person’s permission; or
• contains financial, legal, medical or other professional advice.

You must not use eBeacon to:

• conduct any illegal activity;
• cause annoyance or inconvenience to any person including Other Users; or
• harvest information about Other Users for the purpose of sending, or to facilitate the sending of, unsolicited commercial electronic messages.

6.  Material posted by Other Users

We are not responsible for, and accept no liability with respect to, any Material submitted, uploaded, posted or transmitted to, on or through eBeacon.

The views and opinions expressed in Material posted by Other Users on eBeacon are the views and opinions of the authors and do not necessarily represent the views or opinions of eBeacon.  We do not endorse or support any views or opinions posted by Other Users on eBeacon or guarantee the accuracy, completeness, currency or suitability of any information posted by Other Users.

You agree that eBeacon is not liable for the opinions or behaviour of Other Users, including any Material they submit, upload, posted or transmit on eBeacon and any defamatory statements or offensive conduct.   If you believe that the behaviour or Material of an Other User is objectionable or contrary to the Terms of Use, you can report the behaviour or Material to us using the contact details below.

7.  Disclaimer of warranties and representations

Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to eBeacon.  In particular, we do not warrant or represent:

• your system will meet the minimum requirements to enable your use of eBeacon;
• information provided on eBeacon is accurate, complete or suitable for any purpose;
• eBeacon and its services are free from any computer viruses or defects; or
• your access to eBeacon and its services will be continuous or uninterrupted.

8.  Our liability

If any legislation implies or applies in the Terms of Use any condition, warranty or guarantee, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under the condition, warranty or guarantee, the condition, warranty or guarantee is deemed to be included in the Terms of Use.  However, to the extent permitted by law, our liability for failure to comply with any such condition, warranty or guarantee is limited (at our option, and as determined by us) to:

• in the case of goods – to 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 of acquiring equivalent goods or the payment of the cost of having the goods required (as determined by us); and
• in the case of services – to the supplying of the services again or the payment of the cost of having the services supplied again (as determined by us).

Except as specified in this section, to the extent permitted by law, under no circumstances will we be liable to you or any other person for any claim, loss, liability, damages or expense whatsoever (including any consequential, indirect or incidental damages) incurred under or in connection with the Terms of Use or any access to or use of eBeacon, regardless of how they arise (whether by negligence or otherwise).

9.  Links to third party websites

eBeacon may contain links to other websites that are not operated or controlled by us.  Those links are provided for convenience only and may not be current.  Provision of a link should not be construed as an endorsement or approval of the third party website by us.

We are not responsible for the content of third party websites, which are not covered by the Terms of Use.  You access those websites at your own risk.

10.  Indemnity

You indemnify us in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by us as a direct or indirect result of you acting inconsistently with or breaching any part of the Terms of Use.

11.  Copyright

Copyright in the material in or available on eBeacon is owned by us or our licensors.

You may download information from eBeacon and print out that information, but only for use in connection with the Beacon Program and Beacon Program activities and initiatives.  Otherwise, except as permitted by the Copyright Act 1968 (Cth), no part of eBeacon (including any Material posted on eBeacon) may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent.  Requests for consent should be directed to us using the contact details below.

12.  Jurisdiction

The Terms of Use will be governed by the laws of Tasmania, Australia.  You agree to submit to the non-exclusive jurisdiction of the Courts of Tasmania in the event of a dispute arising out of, or in connection with, any use of eBeacon.

13.  Changes to these terms and conditions

We may amend these terms and conditions from time to time by posting the amended version on eBeacon.  Subsequent or continuing use of eBeacon will constitute acceptance of any changes.

If any part of the Terms of Use is or becomes void, it will not affect the validity and enforceability of the remaining provisions.  The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.

14.  Contact

If you have any questions regarding the Terms of Use or eBeacon, please contact us:

Email:   contact@ebeacon.net.au

Post:    Beacon Foundation

40 Molle Street

HOBART TASMANIA 7000

 

Updated 30 June 2017

L\316675516.2