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Welcome to the Designer Carrot program website (“the Site”). This Site is funded by the Australian, State and Territory Governments National Action Plan for Salinity and Water Quality (herein after collectively referred to as the Parties). These are the Terms & Conditions for the use of this Site. By clicking "Register" you are representing that you have read and agree to the Terms & Conditions listed here and that all material you place on the Site is your own or you have express permission from all copyright owners to upload it.
By using and/or visiting this Site (collectively, including all content and functionality available through the marketbasedinstruments.gov.au domain name) you signify your agreement to (1) these Terms and Conditions, (2) Designer Carrots program's privacy notice found at Privacy and incorporated here by reference, and (3) Designer Carrots program's Community Guidelines, found at Community guide and also incorporated here by reference. If you do not agree to any of these terms, the Designer Carrots program privacy notices, or the Community Guidelines, please do not use this Site.
The Parties may, in their absolute discretion, change, modify or revise the Terms and Conditions, and by using or visiting this Site you agree to be bound by such modifications or revisions. Your use of and access to this Site indicates your acceptance of the Terms and Conditions as they exist at the time. An up-to-date version of the Terms and Conditions can be viewed at any time at (Membership Terms and Conditions).
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Copyright in materials presented on external websites, applications and documents and third party content linked from this Site is vested in the author of those materials.
The Site may include third part content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that content.
The Parties cannot and do not grant permission or authority in respect of the copyright in materials on the Site which are sourced from other organisations and/or persons. You are strongly recommended to refer to the copy right statements and terms of use of the organisations and/or persons in question before making use of those materials.
If you are unsure of the copyright provisions, you should contact the Site’s customer service through the communication officer for clarification, before using the material from the Site.
These Terms and Conditions apply to all users of the Site, including users who are also contributors of content, information, and other materials or services on the Site. The Site includes all aspects of Designer Carrots program, including but not limited to Designer Carrots program publications.
The Site may contain links to other websites, data and related information. These resources are distributed over the Internet and are owned and managed by other organisations and individuals. The information presented on the Site and linked websites is provided by these various agencies, organisations and individuals to their own standards.
The Parties cannot warrant and do not represent that the any information on or linked from the Site is complete, current, reliable and/or free from error. The Australian Government cannot accept responsibility for any loss, damage, cost or expense you might incur a result of the use of, or reliance upon the materials which appear on the Site or linked websites.
The Parties has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. It will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve the Parties from any and all liability arising from your use of any third-party website.
We encourage you to be aware when you leave this Site and to read the terms and conditions and privacy policy of each other website that you visit.
The Site also contains a Question & Answer section where users can post questions and receive answers to those questions from a panel, as explained on the Site. The Parties do not warrant, endorse, guarantee, or assume responsibility for any answer provided through the Question & Answer forum. The Parties cannot accept any responsibility for the answers and herewith disclaim all liability. Further, you expressly relieve the Parties from any and all liability arising from your use of the Question & Answer forum. You should use your best judgment and exercise caution when relying on any answer given. You should not rely on the answers as professional advice and we encourage you to seek expert advice if in such a situation. Any reliance on the answers is at your own risk and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Parties with respect thereto.
Bearing in mind the importance of freedom of expression to our democratic society, the Parties do not necessarily endorse or support the viewers, opinions, standards or information expressed at the Site or other websites linked from it. Similarly, you should not interpret the absence of a link from the Site to any particular third-party site as criticism or comment by the Australian Government on the provider or content of that site.
In order to access some features of the Site, you will have to create a Designer Carrots program account. You must never use another person’s account without their permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Parties immediately of any breach of security or unauthorised use of your account.
Although the Parties will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of the Parties or others due to such unauthorised use.
The content on the Site, except all Members Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Parties, subject to copyright and other intellectual property rights under the law. You may not do anything which interferes with or breaches Australian and international copyright and other intellectual property laws applicable to this Site or the intellectual property rights in the Content.
All Content on the Site is provided for your personal, non-commercial use only, provided you do not modify the Content in any way (including any copyright notice). Content on this Site may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the copyright or trademark’s owners permission. The Parties reserve all rights not expressly granted in and to the Site and the content.
Member Submissions (as defined below) are made available to you for your information and personal use solely as intended through the normal functionality of the Site. Member Submissions are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Site or otherwise as prohibited under this agreement.
If you use the Site’s information or services on your website, you must include a prominent link back to the Designer Carrots program website on the pages containing the services.
If you use the Site’s content loader, you agree that it may automatically download and install updates from time to time from Designer Carrots program. These updates are designed to improve, enhance and further develop the content loader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the Parties to deliver these to you) as part of your use of the content loader.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the website in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser
You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website with respect to their Members Submissions.
In your use of the Site, you will otherwise comply with all Terms & Conditions Designer Carrots program Community Guidelines, and all applicable local, national, and international laws and regulations.
The Parties reserve the right to discontinue any aspect of the Site at any time.
You may access this Site and use the Members Submissions and other content only as permitted under these Terms & Conditions.
You agree to not engage in the use, copying, or distribution of any of the content contained on the Site other than expressly permitted herein, including any use, copying, or distribution of Members Submissions of third parties obtained through the Site for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Designer Carrots program website or the Content therein.
You understand that when using the Members Area of the Site, you will be exposed to Members Submissions from a variety of sources, and that Designer Carrots program is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Members Submissions. You further understand and acknowledge that you may be exposed to Members Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Parties with respect thereto, and agree to indemnify and hold Designer Carrots program, its staff, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
As a Designer Carrots program account holder you may submit material ("User Material") and textual content ("User Comments"). User Material and User Comments are collectively referred to as "Members Submissions." You understand that whether or not such Members Submissions are published, the Parties do not guarantee any confidentiality with respect to any Members Submissions.
You shall be solely responsible for your own Members Submissions and the consequences of posting or publishing them. In connection with Members Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorise the Parties to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Members Submissions to enable inclusion and use of the Members Submissions in the manner contemplated by the Site and Terms & Conditions.
For clarity, you retain all of your ownership rights in your Members Submissions. However, by submitting Members Submissions to the Site, you hereby grant the Parties a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Members Submissions in connection with the Designer Carrots program’s business and/or services on the Site, including without limitation for promoting and redistributing part or all of the Designer Carrots program website (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Site a non-exclusive license to access your Members Submissions through the Site.
In connection with Members Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Parties all of the license rights granted herein.
You further agree that you will not, in connection with Members Submissions, submit material that is contrary to the Designer Carrots program Community Guidelines, found at Community guide, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
The Parties do not endorse any member Submission or any other opinion, recommendation, or advice expressed on the Site, and the Parties expressly disclaim any and all liability in connection with Members Submissions and/or any other opinion, recommendation or advice expressed, found, uploaded or linked to the Site. The Parties do not permit copyright infringing activities and infringement of intellectual property rights on its Site, and it will remove all Content and Members Submissions if properly notified that such Content or Member Submission infringes on another's intellectual property rights. The Parties reserve the right to remove Content and Members Submissions without prior notice.
The Parties will terminate a user's access to its website if, under appropriate circumstances, they are determined to be a repeat infringer.
The Parties reserve the right to decide whether a Member Submission or content is appropriate and complies with these Terms & Conditions for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Parties may remove such Members Submissions and/or terminate a User's access for uploading such material in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.
You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, the Parties, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. The Parties make no warranties or representations about the accuracy or completeness of this Site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.
The Parties do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or featured in any banner or other advertising, and the Parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event shall the Parties, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that the Parties shall not be liable for Member Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Site is controlled and offered by Parties from its facilities in Brisbane Australia. The Parties make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless the Parties, its parent departments, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Members Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms & Conditions and your use of the Site.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Australian Government without restriction.
You agree that: (i) the Site shall be deemed solely based in Australia; and (ii) the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over Site, either specific or general, in jurisdictions other than Australia. These Terms & Conditions shall be governed by the internal substantive laws of the Australia, without respect to its conflict of laws principles. Any claim or dispute between you and the Parties that arises in whole or in part from the use of the Site shall be decided exclusively by a court of competent jurisdiction located in Australia. These Terms & Conditions, together with the Privacy Notice at Privacy and any other legal notices published on the Site, shall constitute the entire agreement between you and the Parties concerning the Site. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Parties’ failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. You and the Parties agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
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