The legal stuff
Privacy Policy & Terms of Use

 

Privacy Policy

Australian Museums and Galleries Association (AMaGA) and The Australian Privacy Act 1988

The Australian Privacy Act requires AMaGA to provide information to our members about the collection, use and disclosure of their personal information. This Privacy Statement is prepared in conjunction with the Privacy Commissioner’s ten National Privacy Principles (NPPs).

1 Collection of Information

AMaGA collects information from members such as title, full names, postal and street address, telephone, facsimile, e-mail contact details (both private and business), and occupation. Additional information collected from organisational members includes the name, title and contact details of the designated representative and any additional email addresses of employees/volunteers within the organisation, number of staff, and collection areas of the organisation.

This information is collected directly from new and renewing members from membership forms, both online and offline. Information may also be collected through subscriptions and at sign ups for events and workshops.

2 Use of Information

Information is collected, held and used by AMaGA for the purposes of servicing the membership and of providing information to members related to AMaGA’s activities.

It is understood that the personal information/contact details provided by members will be held and used for such purposes, in accordance with AMaGA’s Privacy Statement.

3 – 4 Information Quality and Security

(a) AMaGA discloses member information to state/territory branches and National Networks as indicated on the membership form, and to agents that post out the AMaGA Magazine as well as magazines and newsletters produced by the state branches and National Networks of the association.

(b) From time to time, AMaGA might enter into a partnership with another organisation, for example, to undertake research in which the organisation and its members may have an interest. Information will be sent from AMaGA’s offices.

(c) AMaGA does not sell, rent or exchange personal information with any other organisation.

(d) Members can opt out of any communication from AMaGA.

5 Openness

AMaGA maintains this Privacy Policy outlining how information is managed. It is available on the AMaGA website or to anyone who requests it.

6 Access and Correction of Information

Members have the right to access their personal information held by AMaGA at any time and to provide any amendments where necessary.

AMaGA tries to ensure that all information collected, stored, or disclosed is accurate, complete and up to date.

7 Identifiers

AMaGA members are issued with an automatically-generated, unique membership number to identify them within the organisation. No other number (i.e. Australian Government identifier) is used in determining a member’s AMaGA identity.

8 Anonymity

Where possible, individuals have the right to do business with AMaGA anonymously. It is understood that in order to join AMaGA as a member, personal details are required and will be managed with due care as stated in this Privacy Policy.

9 Transborder data flows

AMaGA has no need to transfer personal data outside Australia. Individual’s information will not be transferred to international bodies.

10 Sensitive Information

AMaGA does not collect sensitive information about members.

Approved by National Council June 2014

Terms of Use

Introduction

These terms and conditions govern your use of AMaGA Western Australia’s website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

By using this website and agreeing to these terms and conditions, you consent to the AMaGA Privacy Policy.

License to use website

Unless otherwise stated, AMaGA Western Australia and/or its licensors own the intellectual property rights in the website and material on the website. All these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or resources from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not without prior permission:

republish material from this website (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public unless permission is granted; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without AMaGA Western Australia’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without AMaGA Western Australia’s express written consent.

Content of the Site

AMaGA Western Australia does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
We attempt to keep the content of the website up to date. However, we do not warrant the accuracy or currency of the content. All possible care is taken to ensure information provided is complete, true, and accurate.

You acknowledge that the content on the site is subject to change at any time.

All prices quoted on the site are in Australian dollars unless otherwise indicated.

Prices quoted on the Site should be used as a guide only as they may change from time to time.

Some of the content on the site, including articles, sponsorships and promotions, constitute paid advertising (Sponsored Content).

Monitoring of Content

You acknowledge that AMaGA Western Australia may or may not pre-screen content, and that there is no obligation on AMaGA Western Australia to pre-screen content, and that AMaGA Western Australia shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any content provided by you.

Without limiting the above paragraph, you agree that AMaGA Western Australia may edit, remove or not publish any content if it considers that:

the content is unlawful in any way, including because it is defamatory or breaches laws about unlawful discrimination, racial vilification, privacy or contempt; the content is false or misleading; publication of the content will infringe intellectual property rights (including copyright) or a person’s moral rights; the content is abusive, offensive or obscene; or the content is otherwise in breach of these Terms and Conditions.

Although AMaGA Western Australia may from time to time monitor or review content, discussions, chats, postings or other contributions to the site, we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication.

Restricted access

Access to certain areas of this website is restricted. AMaGA Western Australia reserves the right to restrict access to certain areas of this website, or indeed this entire website, at AMaGA Western Australia’s discretion.

If AMaGA Western Australia provides you, as part of your membership of the association, with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

AMaGA Western Australia may disable your user ID and password in without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to AMaGA Western Australia a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. Credit will be listed where appropriate.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or AMaGA Western Australia or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

AMaGA Western Australia reserves the right to edit or remove any material submitted to this website, or stored on AMaGA Western Australia’s servers, or hosted or published upon this website.

Registration

In order to be able to provide us with content or download content pursuant to these Terms and Conditions you must become a registered user (Webfriend). To become a registered user you must complete your registration details in the manner described on the website. Registration is free but non-transferable. You agree to provide true, accurate and complete information about yourself as prompted by the registration form. You must log into your user account in the manner required each time you wish to contribute to the site.

AMaGA Western Australia reserves the right to refuse requests to register user accounts or to terminate your registration at any time at our sole discretion. We will not accept any request to register a user account that we suspect is being made by or on behalf of a user who has been suspended from the site for breach of these Terms and Conditions or has been suspended as a user/user of another website for vexatious, illegal or inappropriate comments/contributions.

You are responsible for maintaining the strict confidentiality of your account login name and password, and you are responsible for any activity under your account and password.

Privacy Policy

Registration information and other information about you is subject to AMaGA’s Privacy Policy. You understand that through your use of the site you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Limitations of liability

AMaGA Western Australia will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if AMaGA Western Australia has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit AMaGA Western Australia liability in respect of any:

fraud or fraudulent misrepresentation on the part of AMaGA Western Australia; or matter which it would be illegal or unlawful for AMaGA Western Australia to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, AMaGA Western Australia has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against AMaGA Western Australia’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect AMaGA Western Australia’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as AMaGA Western Australia.

Links, Downloads, Plug-ins, Features and Advertisements

AMaGA Western Australia have not reviewed all of the websites, downloads, plug-ins, features or advertisements linked to the site and are not responsible for the content or accuracy of any such off-site materials, including any websites linked to the site through advertisements or search engines (collectively, Third Party Material). The linking of our site to any Third Party Material does not imply that we endorse the linked material, and you use the links at your own risk. AMaGA Western Australia does not accept any responsibility or liability for any claims, losses, costs, expenses or damages of any kind (including legal fees) arising out of your use of these links or of the descriptions or information supplied there.

Your correspondence or dealings with, or participation in promotions or business of, advertisers on the site are solely between you and such advertisers. We will 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.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify AMaGA Western Australia and undertake to keep AMaGA Western Australia indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by AMaGA Western Australia to a third party in settlement of a claim or dispute on the advice of AMaGA Western Australia’s legal advisers) incurred or suffered by AMaGA Western Australia arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to AMaGA Western Australia’s other rights under these terms and conditions, if you breach these terms and conditions in any way,  AMaGA Western Australia may take such action as AMaGA Western Australia deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

AMaGA Western Australia may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

AMaGA Western Australia may transfer, sub-contract or otherwise deal with AMaGA Western Australia’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and AMaGA Western Australia in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with laws outlined in Australian Capital Territory, Australia.

AMaGA Western Australia’s details

AMaGA Western Australia is a branch of Australian Museums and Galleries Association Incorporated.

AMaGA is registered in Australian Capital Territory.

AMaGA’s address is: PO Box 266 CIVIC SQUARE ACT 2608 Australia

You can contact AMaGA by email to [email protected]

ABN: 83 048 139 955

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com

 

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