Terms of Service

1 TERMS & CONDITIONS

1.1 In these Terms and Conditions of the Jajoo Warrmgara: The Culture Classroom website (Site), we or us means SharingStories Foundation.

1.2 In these Terms and Conditions of the Site, you or your means registered users of SharingStories Foundation.

2 ACCURACY AND CONTENT OF THE SITE

2.1 We attempt to keep the content of the Site up to date. However, we do not warrant the accuracy or currency of the content.

2.2 You acknowledge that the content on the Site is liable to change at any time.

3 YOUR USE OF THE SITE

3.1 In these Terms and Conditions, Applicable Law 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 obligation under any licence in any country (or political sub-division of a country); and
(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country). 3.2 You must not:
(a) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
(b) violate any Applicable Law relating to your use of the Site; or collect or store personal data about other users of the Site.

4 CONTENT OWNERSHIP, COPYRIGHT AND LICENCE TO USERS

4.1 The Site, including without limitation all materials displayed on or produced through the Site, information, text, illustrations, graphics, video, sound recordings, software including the code comprising or used to operate the Site, tools, data collected from users to the Site, names, logos and trade marks on the Site (collectively, Content) and the intellectual property therein are owned by or licenced by us and are protected by copyright, trade mark, trade secrets and other intellectual property laws, unless expressly indicated otherwise as being third party copyright content in the attributions on the Site.

4.2 Much of the material on the Site also includes or builds on the traditional communal knowledge and intellectual property relating to the relevant communities. This material was created with the consent of the custodians of those communities. Dealing with any part of this material for any purpose other than as expressly permitted in these terms and conditions or otherwise directly authorised by the custodians will be a serious breach of the customary laws of the communities, and may also infringe copyright.

4.3 You must not modify, copy, reproduce, republish, frame, reverse engineer, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these Terms and Conditions or with our express prior written consent.

4.4 User licences (‘subscriptions’ or ‘registrations’) are for individual (and for school / educational institution users only, single classroom), non-commercial purposes and are non-transferable.

4.5 You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this Site solely for your own individual use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements). In the case of school/educational institution users, you may use the content of the Site, such as activity sheets and lesson plans, for non-commercial educational purposes.

4.6 You must not use the Content for commercial purposes without first obtaining our express written authority.

4.7 Users are responsible for their own internet usage charges. It is the responsibility of the user to ensure their computer and internet access is sufficient to access Jajoo Warrmgara:The Culture Classroom.

5 LINKS, DOWNLOADS, PLUG-INS, FEATURES AND ADVERTISEMENTS

5.1 We have not reviewed all of the sites, downloads, plug-ins, features or activities linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links you do so at your own risk. We do not accept any responsibility or liability for any claims arising out of your use of these links or of the descriptions or information supplied to us.

5.2 Your correspondence or dealings with, or participation in activities on other sites linked to this Site, are solely between you and such other sites. We will not be liable or responsible for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of links to other sites on the Site.

6 FEES

6.1 Fees may be payable for access to the Site (or certain parts of the site) or for access to certain content on the Site. You will be notified of the relevant fees when you register to use the Site or when you seek to access the content or parts of the Site that fees are payable in respect of.

6.2 You agree to pay any applicable fees to us using a payment method accepted by us in accordance with the payment terms that we notify you of when you register for Site or content access.

6.3 We may increase or otherwise change the fees from time to time by giving you 30 days notice of the increase.

6.4 If you fail to pay any fees (including if any payment method you use to pay the fees expires or is declined), we may suspend your access to and use of the Site and content, until the relevant fees are paid in full. You acknowledge and agree that we are not required to provide you with prior notice of any such suspension and we will not be liable for any loss you suffer in connection with such suspension,

6.5 All fees or other amounts payable by you in connection with these terms and conditions do not include an amount for GST. If GST is payable on any supply made by us under these terms and conditions, you must pay to us, in addition to and at the same time as the payment for the supply, an amount equal to the amount of GST on the supply.

7 USE OF THE SITE IS AT YOUR RISK

7.1 Subject to clause 7.2, you use the Site at your risk and everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

7.2 If a jurisdiction does not allow the exclusion of implied warranties in accordance with clause 7.1 but allows limitations of a certain maximum extent then we limit our warranties to that extent.

8 LIMITATION OF LIABILITY

8.1 To the extent permitted by any Applicable Law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

8.2 If a jurisdiction does not allow the exclusion or limitation of liability in accordance with clause 8.1 but allows a limitation of a certain maximum extent then our liability is limited to that extent.

9 GENERAL PROVISIONS

9.1 If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.

9.2 This agreement is governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

9.3 We may change, modify, add or remove any part of these Terms and Conditions, change, modify, add to or remove any material contained on the website or any other aspect of the website without notice or liability. It is your responsibility to regularly check these Terms and Conditions to ensure you are familiar with their current form. Your continued use of the website constitutes your acceptance of any changes to the Terms and Conditions.

9.4 In using the site, participating school(s) agree to inform parents (utilising communication processes required under school policies) of students’ participation in Jajoo Warrmgara:The Culture Classroom. If so required, SharingStories Foundation can draft a brief information article for inclusion in the school newsletter.

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Privacy Policy

Jajoo Warrngara:The Culture is owned by SharingStoriesFoundation Pty Ltd (ABN 62 150 423 939) (SharingStories Foundation or We/we or Our/our or Us/us) and we are committed to respecting the privacy of your personal information. This Privacy Policy explains our policy for dealing with personal information that we collect through the following channels (here and after, the Collection Channels):

• our online properties (here and after, each a “Website”), including:
  • our websites, including, but not limited to https://sharingstoriesfoundation.org/;
  • any related SharingStories Foundation or client website, social media page, internal website, intranet and any SharingStories Foundation or client mobile or tablet applications;
• personal information provided to us by our clients and customers and personal information collected by us on behalf of our clients and customers as a result of the provision of professional services to our clients and customers; and
• any other means through which an individual provides personal information to SharingStories Foundation and its clients, including either physically or electronically.

You may contact us with any queries you may have in respect of this Privacy Policy or your personal information by contacting SharingStories Foundation’s privacy officer via email: info@sharingstoriesfoundation.org

Personal information is important to SharingStories Foundation

1. SharingStories Foundation is committed to safeguarding personal privacy. It recognises that you have a right to control how your personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, SharingStories Foundation will only collect and use personal information as set out below.
2. Throughout this Privacy Policy, we refer to your ‘personal information’, which means information which identifies you as an individual or which renders you reasonably identifiable. Your full name, gender, date of birth, home address, home telephone number, mobile telephone number, email address and workplace contact details are examples of information which may constitute personal information. Personal information may also include information we may collect about your individual preferences.
3. SharingStories Foundation has developed and implemented its Privacy Policy with respect to personal information to reflect world best practice on privacy policies. These principles meet and exceed the requirements of the Privacy Act 1988 (Cth) (as amended) and the 13 Australian Privacy Principles.
4. In order to keep up with changing legislation and best practice, we may revise this Privacy Policy at any time without notice. We will post any changes to this Privacy Policy on our Websites, so we encourage you to check this Privacy Policy from time to time.
5. In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy and consent provisions that apply to certain Collection Channels. Because those specific and additional provisions also relate to your privacy protection, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.

Anonymity and pseudonymity

1. Where practicable, we will allow you to deal with us on an anonymous or pseudonymous basis. If this is practicable, our Collection Channels will only seek information in this way. However, where it is not practicable for the purposes for which information is collected, we will seek the information identified below.

Kinds of Personal Information that SharingStories Foundation Collects and Holds

1. Personal information that may be requested or collected by us includes:
   1. contact information such as your full name, date of birth, telephone number, mobile telephone number, current and valid email address, residential address and postcode;
   2. more detailed contact preferences;
   3. information regarding your personal and professional interests;
   4. information about your employment history and future plans, and documents relating to your employment;
   5. information about your education and qualifications;
   6. results of aptitude and other tests;
   7. complaint details;
   8. information about your experience with our products or services or third party products or services listed on a Website. This information is requested in order to tailor our subsequent communications to you and continuously improve our products and services;
   9. the contact details of third parties. If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to SharingStories Foundation and used for the purposes set out in this policy (which may include using their details for marketing purposes);
   10. any other personal information which you directly provide to SharingStories Foundation. Where you provide us with such unsolicited personal information, we will retain this information where it falls within our primary purposes for collection of personal information (as stated in this Privacy Policy); and
   11. any other personal information requested or required by a Collection Channel.

Sensitive Information

1. We will only collect sensitive information with your consent. Where you provide us with any sensitive information (including, but not limited to, information about your racial or ethnic origin, religious affiliation, political opinions, sexual orientation and/or medical history or health information) we will only use this information for the purposes stated on the Collection Channel. We do not retain this information in our database.

How SharingStories Foundation Collects and Holds Personal Information

1. SharingStories Foundation will only collect or monitor any personal information about you with your consent including as provided in this Privacy Policy or if it is otherwise lawful to do so. The only personal information collected by us is what has been collected by or provided to us in accordance with this Privacy Policy or has been provided to us lawfully by third parties, including our clients and customers.

Active Information Collection

1. Personal information may be collected (and combined) via our Collection Channels if you:
   1. have previously provided us with personal information prior to this Privacy Policy coming into effect, either directly from you personally or via a third party, including our clients;
   2. sign-up and/or register to become a member of any Collection Channel, or provide your details to us or our clients via any Collection Channel;
   3. subscribe to any newsletters, updates, alerts or news and media releases, or request launch or event information or information about our products or services or other information services as well as third party products or services;
   4. complete and submit any forms or surveys to us or our clients, either physically or electronically;
   5. conspicuously publish or provide on request your personal information to SharingStories Foundation;
   6. contact us or our clients directly in person or via any medium including mail, telephone, social media and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) including via the contact details listed on a Website;
   7. participate in any offers, promotions or marketing activities;
   8. interact with a Website for a specific purpose; or
   9. interact with or browse a Website generally.
2. Personal information is requested in order to facilitate or provide you with certain content, products or services, and information about such content, products or services (including the uploading, access to, and receipt of content on a Website), marketing materials, newsletters, electronic newsletters (e-newsletters), news and media releases / launch information, and also to advise you of other SharingStories Foundation, client or third party products, services, offers, competitions or events which may be of interest. No one is obligated to provide personal information. However, failure to do so may result in SharingStories Foundation or its clients being unable to facilitate or provide you with certain content, products or services, products or services information, upcoming promotion, competition, offer or event information or accept competition entries (where applicable).
3. We may also obtain your personal information from legitimate third party sources including list brokers, our clients and other data providers or organisations that share data in circumstances where it is lawful and/or you have given permission for them to do so.

Children

1. Personal information will not be collected by any person who is known by SharingStories Foundation to be under the age of fifteen (15) without the consent of a parent or legal guardian. Persons under age fifteen (15) may only use our Websites with the involvement and consent of a parent or legal guardian.

Passive Information Collection

1. As with many commercial websites, SharingStories Foundation and its clients may also collect information which tells us about visitors to our Websites. For example, we may collect information about the date, time and duration of visits and which pages of a Website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing a Website. By accessing a Website via links in an email we have sent and/or by accessing a Website generally, you consent to the collection of such information where it is personal information.
2. As you navigate through our Websites, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as Unique Device Identifiers (UDI), cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). In certain circumstances, this information may be considered anonymous information or personal information under the Privacy Act 1988 (Cth). This is dependent on the device used and the method by which an individual connects to the Internet. Your Internet browser automatically transmits to the Website you are browsing some of this anonymous information or personal information, such as the URL of the website you just came from, the Internet Protocol (IP) address, the UDI (if applicable) and the browser version your device is currently using. Our Websites may also collect anonymous information or personal information from your device through cookies and Internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of a Website might not work without cookies and this may limit the services provided by a Website. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf.
3. Our Websites may use and combine such passively collected anonymous information or personal information from various third party sources, including as described in paragraph 15, to provide better service to Website visitors and users, customise a Website based on your preferences, compile and analyse statistics and trends, and otherwise administer and improve a Website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a Website, you consent to information about you being collected, compiled and used in this way.
4. For more information about cookies and how you can opt out, you can visit http://www.youronlinechoices.com.au/.

Purposes for which SharingStories Foundation collects, holds, uses and discloses personal information

1. Personal information collected will be collected, used and/or disclosed for the following primary purposes:
   1. For the purposes for which it was collected (as advised in this Privacy Policy).
   2. For the purposes stated in a privacy collection statement on a particular Collection Channel.
   3. To maintain the functionality of a Website, including the provision of information to you relating to the content available on the Website.
   4. To fulfil obligations in respect of any upload terms of use, sale and purchase contract and/or any other contract between you and SharingStories Foundation or you and one of our clients.
   5. To send you any technical, administrative or legal notices important to our Websites.
   6. To provide you with information about your transactions (including uploading, access to, and receipt of content on a Website), content, services and products, to provide direct marketing materials, events, special offers, competitions and promotions in person and via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email) or any other form of electronic, emerging, digital or conventional communications channel.
   7. To maintain our relationship with you.
   8. To render services related to SharingStories Foundation.
   9. To undertake recruitment for SharingStories Foundation.
   10. To manage your employment with SharingStories Foundation (if applicable).
   11. To provide you with newsletters via mail and electronic newsletters (e-newsletters) via commercial electronic messages.
   12. To respond to customer enquiries.
   13. To improve Website and system administration.
   14. To obtain opinions or comments about products and/or services and to conduct other research and development.
   15. To record statistical data for marketing analysis and to conduct market research.
   16. To share personal information with SharingStories Foundation group companies, our promotional partners and other trusted third parties in the manner described below.
   17. To collect, hold, use and disclose personal information as stated above, for the purpose of providing professional services to our clients and customers.
2. For the purposes described above, personal information may be shared with SharingStories Foundation group companies, SharingStories Foundation promotional partners and other trusted third parties (and their directors, servants and agents) either in Australia or overseas. Failure to provide personal information may result in SharingStories Foundation or its clients being unable to provide you with certain content, information, upcoming promotion, event or product information and/or accept promotion entries (where applicable).
3. In order to operate a Website or deliver a service, personal information may also be shared with SharingStories Foundation group companies, selected service providers and/or other trusted third parties either in Australia or overseas countries. SharingStories Foundation group companies, selected service providers and/or other trusted third parties may be engaged by SharingStories Foundation to perform a variety of functions, such as data storage, fulfilling orders, conducting market research, assisting with promotions and providing technical services for our Websites. These companies may have access to personal information if needed to perform such functions.
4. SharingStories Foundation recognises the trust with which you provide personal information, and except as stated in this Privacy Policy, such information will not be used or disclosed for any other purposes without consent. However, SharingStories Foundation reserves the right to use or disclose any information, including personal information, as needed to satisfy any law, regulation or legal request, to protect the rights or property of SharingStories Foundation, any member of SharingStories Foundation group, or any member of the public, to protect the integrity of a Website, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

Contact by SharingStories Foundation

1. SharingStories Foundation (and it’s directors, servants and agents), SharingStories Foundation promotional partners or trusted third parties (and other selected service providers and other non- SharingStories Foundation companies or professionals) either in Australia or overseas, may contact you via telephone, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email, post or any other form of electronic, emerging, digital or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for collection of personal information as stated above.
2. SharingStories Foundation does not send advertising or marketing information without obtaining prior consent, for example the consent contained within this Privacy Policy. If you receive communications from SharingStories Foundation which you do not wish to receive, you may remove your name from the database either by utilising the functional unsubscribe facility (if the communication is via commercial electronic message) or by contacting SharingStories Foundation via email: info@sharingstoriesfoundation.org Please allow 30 days for this request to be processed.
3. Despite removing your name from the database from receiving future advertising and marketing information, SharingStories Foundation may send you non-commercial “Administrative Emails”. Administrative Emails relate to a SharingStories Foundation user account and may include administrative and transaction confirmations, requests and inquiries or information about a particular SharingStories Foundation user account. If you do not wish to receive such communications from SharingStories Foundation, you may remove your name from the database by utilising the functional unsubscribe facility.

Ability of others to view information

1. SharingStories Foundation may provide areas on a Website where you can upload user-generated content, post or provide information about yourself, communicate with other users, provide reviews for content, products and/or services or interact with or vote on particular content. This information may be shared with others and may be publically posted on our Websites, including without limitation, other social media platforms and other public forums in which you choose to participate. This information may become publically available and may be read, collected and used by others outside of our Websites. SharingStories Foundation is not responsible for the conduct of others who may read, collect and use this information.

Your right of access

1. You have the right to access and review your personal information that may be recorded on SharingStories Foundation database. Information may be reviewed by contacting SharingStories Foundation’s privacy officer via email: info@sharingstoriesfoundation.org. Please allow 30 days for this request to be processed.

Changing and deleting the information we have about you

1. Information contained on the database may be amended, or your preferences for contact from us changed, by contacting SharingStories Foundation’s privacy officer via email: info@sharingstoriesfoundation.org. Please allow 30 days for this request to be processed.
2. In the same way, a request may be made to delete personal information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in SharingStories Foundation and its clients being unable to facilitate or provide you with information about certain transactions (including the uploading, access to, and receipt of content on a Website), other content, services or product information, upcoming promotion, competition or event information, and/or provide certain content, goods or services.
3. We are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this policy.

Storage and security of personal information

1. SharingStories Foundation will endeavour to take all reasonable steps to keep secure any personal information recorded, and to keep this information accurate, up to date, complete and relevant. The information is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by our selected data storage providers. In some cases these facilities may be overseas.

Disclosure of personal information to overseas recipients

1. In some cases, SharingStories Foundation may disclose your personal information, including, but not limited to, your professional information and contact details, to overseas recipients. SharingStories Foundation employees, data processors and other trusted third parties are obliged to respect the confidentiality of any personal information held by SharingStories Foundation. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. SharingStories Foundation will not be held responsible for events arising from unauthorised access to personal information.

SharingStories Foundation and links to other websites

1. Our Websites may, from time to time, contain links to the websites of other organisations which may be of interest to you. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements. SharingStories Foundation is not responsible, nor does it accept any liability, for the conduct of companies linked to our Websites.
2. We may use third party advertisements on our Websites. All third party advertising, if paid for, is paid for by the relevant third party advertisers and are not recommendations or endorsements by SharingStories Foundation or any of its affiliates. SharingStories Foundation is not responsible for the content (including representations) of any third party advertisement on a Website. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign. We do not have access to or control of cookies placed by third parties.

Related SharingStories Foundation Websites

1. All Websites operated by SharingStories Foundation will adhere to this Privacy Policy. The policies on the Websites of some members of SharingStories Foundation group may vary, however, because of local customs, practices or laws.

Sale of the Company

1. If SharingStories Foundation merges with, or is acquired by, another company, or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser’s adviser, and may be among the assets transferred. However, personal information will always remain subject to this Privacy Policy.

Problems or queries

If you have any questions about our Privacy Policy, or any problems or complaints about how we have collected, used, stored, handled and/or disclosed your personal information, please contact our privacy officer via one of the following channels:
Email: info@sharingstoriesfoundation.org

Please allow 30 days for this request to be processed. If you do not receive a satisfactory response from SharingStories Foundation to your query, problem or complaint within 30 days, you may refer your query, problem or complaint to the Office of the Australian Information Commissioner via the contact details listed at http://www.oaic.gov.au/about-us/contact-us-page.

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