Disclaimer

This disclaimer is part of the terms and conditions under which you agree to use our published materials, including this website.

1. This website is owned and operated by Arts Access Society Inc trading as Arts Access Victoria, registration number VIC A0007628K and ABN 34 192 751 897 (AAV, we or us).
2. This document sets out the Terms and Conditions “Terms” on which you may use, download, or link to the AAV website and use any content made available to you on the our website and social media profiles (AAV Website or electronic media).
3. These Terms apply in addition to any other applicable terms, for example any additional Terms that may apply if you wish to make a donation or to buy goods from the AAV Website using the third-party payment functionality accessible from the AAV Website (Stripe).
4. If you access or continue to use our electronic media, you will be deemed to have accepted these terms and conditions and agreed to be legally bound by them.
5. You warrant to us that you have the authority to enter into these Terms.

AAV publishes a website, social media sites and other communications to provide information for the benefit of people with disability, the family members or professionals who support them, the arts and cultural sector, the funding bodies, agencies and individuals who support initiatives for artists with disability, and the general public.

Copyright

The AAV Website and its contents are subject to copyright under the laws of Australia and, through international treaties, other countries. The copyright in materials on this site and in the AAV Website as is owned in whole by AAV. The copyright in some materials incorporated within this Website is owned by third parties and used with permission or under licence by AAV.

You may use the AAV Website and its contents and save an electronic copy, or print out a copy, of parts of the website solely for your own information, research or education, but only if you (a) do not modify the copy from how it appears on the AAV Website, and (b) include the copyright notice “© Arts Access Victoria 2016” on the copy.

You must not otherwise exercise the copyright in the whole or any part of the AAV Website for any other purpose except as expressly permitted by statute or with AAV’s written consent.

Information on the AAV website

The information we publish is reviewed and updated regularly. AAV has taken great care to ensure it is of high quality and accuracy at the time of publication, however, we cannot guarantee and, to the full extent permitted by law, assume no liability or responsibility for the accuracy, currency, completeness or fitness for purpose of that information.

When using any information published by AAV, we recommend that you carefully evaluate its accuracy, currency, completeness and fitness for your particular circumstances.

The information we published is not intended to be a substitute for independent professional advice and we recommend that you obtain professional advice relevant to your particular circumstances.

To the full extent permitted by law, AAV does not accept any liability (whether in negligence or otherwise) for any claim, injury, loss, or damage suffered or incurred by use of or reliance on that information, however it arises.

Third party information

Our published material, online or otherwise, may include information produced by organisations or individuals other than AAV, its agents or employees. Where possible and appropriate, AAV will indicate and acknowledge materials that have not been produced by us.

Inclusion of information not produced by AAV does not indicate endorsement, approval or sponsorship by AAV of any organisation or its published content, products and services.

To the full extent permitted by law, we assume no legal liability or responsibility for the accuracy, currency, completeness or fitness for purpose of any third party information included in or referred to by AAV.

The material published by AAV may also include the views or recommendations of third parties that do not necessarily reflect the views of AAV or indicate our commitment to a particular course of action.

Links to third party sites

The AAV website may contain links to external sites that not controlled by AAV. We take all reasonable care to ensure that the resources we link to are of good quality but make no guarantees for the quality or accuracy of third party site content.

We are not responsible for the contents of any linked website, including links within that site. It is your responsibility to make your own decisions about the accuracy, currency, completeness and fitness for purpose of information contained in linked third party sites.

Links to external sites are provided for reference only, and do not indicate endorsement, approval or sponsorship by AAV of any organisation or its published content, products and services.

To the full extent permitted by law, AAV assumes no legal liability or responsibility for the accuracy, currency, completeness or fitness for purpose of information on sites linked to from the AAV Website.

Translations

AAV makes no representations, express or implied, as to the accuracy or usefulness of any translation of the information published in our electronic media, including the AAV Website.

If you use automatic language translation services in connection with content published by us, you do so at your own risk.

Making a purchase

You are able to purchase artworks and other materials from the AAV Website via a secure third-party payment gateway, Stripe.

In order to make a purchase, you will be directed to a secure payment pop-up window. Your purchase details, personal details and credit card details for payment will be collected and used in accordance with AAV’s Privacy Policy.

The cost of delivery of AAV products or merchandise purchased by you will be calculated at the time the product is ordered, and will be incorporated into the final price of the product.

In order for AAV to issue to you a tax receipt for products that you have purchased, you will need to provide AAV with your postal address. AAV will not provide you with a tax receipt recognising your donation, products or merchandise you have ordered until payment has been processed and actually received by AAV.

All prices quoted on the AAV Website are in Australian Dollars.

Security

AAV and our hosting services apply security controls to protect our electronic media from unauthorised access, improper use, alteration, unlawful or accidental destruction and accidental loss.

However, you should be aware that the internet is an insecure public network and that there is always a potential risk that transactions are being viewed, intercepted or modified by third parties. There is also a potential risk that files you download or access via the AAV Website may contain computer viruses, disabling codes, worms or other devices or defects.

AAV accepts no liability for any interference with or damage to your computer system, software or data in connection with or relating to your use of our electronic media. We recommend that you take appropriate and adequate precautions to ensure that whatever you use is free of viruses or other contamination that may interfere with or damage your computer system, software or data.

Our liability

We do not accept liability for any loss or damage you suffer as a result of using the AAV Website in whole or part, except to the extent that we are required by law to do so, such as State or Territory fair trading legislation and the Australian Consumer Law.

In particular, except to the extent required by law, we do not accept and specifically exclude liability for any business losses, or losses of data or profits, or any other direct, indirect or consequential loss or damage, which you may suffer in connection with our supply, non-supply or defective supply of the AAV Website (or any part of it) or in connection with your use of AAV Website (or any part of it).

Your obligations

You must use the AAV Website in a responsible manner, and in compliance with all relevant laws, regulations, standards or codes.

You must not:

a. use the AAV Website to send, post, transmit or communicate any information or material that is unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a breach of any law;

b. knowingly transmit any virus, worm, trojan horse or other disabling feature to or via the AAV Website.

c. use the AAV Website to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003.

d. use the AAV Website other than for its intended purpose and in accordance with its intended operation. In particular, you must not tamper with, modify, amend, disable, manipulate, reverse engineer, decompile, distort or enhance all or any part of the AAV Website; or

e. attempt to do, or permit another person to do, any of the above acts.