Terms of use

Terms of use

This page sets forth the full terms and conditions of use of the Access iQ™ site, any downloadable applications (apps) and any other Access iQ™ platform and/or technology whether known now or created in the future ('the Sites'). Your use of the Sites constitutes your agreement to these terms and conditions ('the Agreement').

This Agreement is between you and Access iQ™. Users of this Site (Users) agree to be bound by these Terms & Conditions, which are subject to change at Access iQs™ sole discretion.

Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.

There are three parts to these terms and conditions.

  1. Terms of use of the Sites
  2. Terms of use relating to user comments
  3. Terms and conditions relating to sales made through the Sites

1. Terms of use of the Sites

Your rights

Access iQ™ grants you a non-exclusive, non-transferable, limited right to access, use and display one or more of the Sites and the materials provided thereon, if you comply fully with this Agreement. The contents of the Sites are only for your personal, non-commercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Sites in any way. You must not share this service with any other person or organisation

Use of Access iQ™ materials policy

If you wish to use any of the Sites articles, materials, photos, graphics, publications, products or equivalent materials including trade marks and other Access iQ™ intellectual property ('the Materials'), in whole or part, you must obtain our written permission before doing so.

Use without written permission is forbidden conduct. Failure to seek permission will be dealt with severely. Scraping any of the Sites is forbidden conduct.

Requests for permission may be made to email info@accessiq.org.au.

Our materials are protected in Australia and internationally by the law of copyright, moral rights, trade mark, equity, trade practices, fair trading and other laws and principles such as the Competition and Consumer Act 2010. We reserve the right to take legal action to prevent any unauthorised use or reproduction of our materials, in whole or part, for any purpose including but not limited to advertising, copyright works, trade marks, logos and any commercial purpose use. Please report any breach of this Agreement to Access iQ™ at the above address.

Your material

By uploading, transmitting, posting or otherwise making available any Material via the sites, you:

  1. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
  2. Except where expressly stated otherwise, also grant each user of the sites a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
  3. Warrant that you have the right to grant the abovementioned licences;
  4. Warrant that the Material does not breach the Conditions; and
  5. Unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

We reserve the right (but have no obligation) to:

  • review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
  • monitor use of the Sites, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Sites by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Sites simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Your conduct

You must not:

  1. Use the Sites in breach of any applicable laws or regulations;
  2. Use the Sites (or Material obtained from the Sites):
    • to transmit (or authorise the transmission of) 'junk mail,' 'chain letters,' unsolicited emails, instant messaging, 'spimming,' or 'spamming';
    • to impersonate any person or entity;
    • to solicit money, passwords or personal information from any person;
    • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
    • for any unlawful purpose;
  3. Use the Sites to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
    • is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
    • contains, promotes, or provides information about unlawful activities or conduct;
    • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
    • exploits another person in any manner;
    • contains nudity, excessive violence, or sexual acts or references;
    • includes an image or personal information of another person or persons unless you have their consent;
    • poses or creates a privacy or security risk to any person;
    • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
    • contains large amounts of untargeted, unwanted or repetitive content;
    • contains restricted or password only access pages, or hidden content;
    • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
    • advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
    • contains financial, legal, medical or other professional advice;
  4. Interfere with, disrupt, or create an undue burden on the the Sites;
  5. Use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the sites;
  6. Use the Sites with the assistance of any automated scripting tool or software;
  7. Frame or mirror any part of the sites without our prior written authorisation;
  8. Use code or other devices containing any reference to the sites to direct other persons to any other web page;
  9. Except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the sites or cause any other person to do so; or
  10. Delete any attributions or legal or proprietary notices on the sites.

Intellectual property

Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the sites.

The Sites contain Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on the Sites for your own personal, non-commercial use only. Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without relevant approval.

In particular, you may not use any Material on the Sites to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Nothing displayed on the Sites should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Sites without the express written consent of the relevant owner.

Links to other sites

Links within the Sites are provided for your information. Access iQ™ does not endorse and has not necessarily verified any of the information available with any link found within the Sites.

2. Terms of use relating to user comments

The following terms relate to any and all communications including material, contributions, transactions, content and/or public communications and comments ('Communications') by You which are submitted to one or more of the Sites.

You are solely responsible for the content of any and all Communications You publish to the Sites. All such Communications are public, unless otherwise indicated. You must not include Communications, which may:

  • Be for commercial purposes
  • Be indecent or abusive
  • Be false or misleading, including the impersonation of other people
  • Slander, libel or defame any person or entity
  • Cause injury of any kind
  • Infringe or breach the intellectual property rights, contract rights, or any other rights of Access iQ™  and/or any third party
  • Violate and/or breach any applicable laws, rules, or regulations
  • Contain software viruses or any other malicious code
  • Cause harm, loss or damage to Access iQ™ ™  and/or any third parties

You acknowledge and agree that, unless otherwise indicated, any and all Communications, published to or by means of any portion of the Sites on which and all Communications are conducted are public communications. You acknowledge that you have no expectation of privacy in any public Communications you make to the Sites.

You acknowledge and agree not to scrape information from the Sites on which and all Communications are conducted.

You grant to Access iQ™ a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free licence to use, copy, license, distribute, display, reproduce, transmit, modify, edit and otherwise exploit any public Communications you publish at the Sites on which any and all Communications are conducted in all media whether now known or later developed.

You indemnify Access iQ™ for all loss it suffers because of any and all Communications you publish to the Sites on which Communications are conducted including any loss Access iQ™ suffers because of making the content of your Communications available to third parties.

Access iQ™ may at any time, in its absolute discretion and without notification, edit or remove any one or more of the Communications from the Sites on which communications are conducted including material and/or public Communications you have transmitted to the Sites on which Communications are conducted. Access iQ™ is under no obligation to make any Communications transmitted to the Sites on which Communications are conducted available to any person. Access iQ™ has no liability for any consequences of its reliance on its rights under this paragraph.

To the extent permissible by the laws of Australia, Access iQ™ disclaims all liability in relation to Your use of the Sites on which any and all Communications are conducted.

Complaints about user comments

Access iQ™ does not have the resources to control, review or vet Your or other contributor's Communications and, accordingly, it does not control, review or vet any of the content of any Communications. Access iQ™ takes no responsibility for, nor endorses or necessarily agrees with Your Communications and/or the Communications of any third party including members of the public. If you consider that any comment is inappropriate, unsuitable or breaches these terms and conditions please click on the REPORT button and provide the following details:

  1. Why you consider the material to be inappropriate, unsuitable or in breach of these terms and conditions; and
  2. Your name and contact details.

Access iQ™ receives takes complaints seriously.

Access iQ™ will, in its absolute discretion, permanently remove any and all relevant Communications if Access iQ™ considers it appropriate to do so. While Access iQ™ aims to diligently act on any complaint, Access iQ™ cannot guarantee that that any complaint will be acted on within any specific time period.  Access iQ™ will not act on any complaint which Access iQ™ deems, in its discretion, to be vexatious, or which appears to be vexatious. If You do not include your name and contact details in the complaint, we reserve the right to conclude and may treat the complaint as vexatious.

Access iQ™ contribution

From time to time, Access iQ™ staff may respond to queries or comments. Such participation is not an approval, agreement or endorsement of Your or another parties Communications, nor is it indicative of a systematic review of that or any other forum facilitated by Access iQ™.

Removal of material

Access iQ™  may, in its absolute discretion at any time, without cause and without notice to You or any third party, remove any Communications from the Sites. The removal of said Communications is not an admission that any one or more of the Communications are inappropriate nor is it an admission of any liability.

As a guide, Access iQ™ will, in its absolute discretion, remove Communications if any one or more:

  1. Is indecent or abusive.
  2. Is false or misleading.
  3. Is slanderous, libellous or defamatory.
  4. Is likely to cause injury of any kind.
  5. Violates or breaches any rights of any person and/or party.
  6. Violates or breaches any applicable laws, rules, or regulations.
  7. Contains software viruses or any other malicious code.
  8. Is, in its opinion, of a vexatious nature.
  9. Relates to a membership or access issue and the customer has been contacted and/or the issue has been resolved.
  10. Is off-topic.
  11. Does not adequately and/or properly declare an association and/or vested interest in any brand, product and/or company.

3. Terms and conditions of sale

Seller

For the purposes of all sales transacted on the Sites on which transactions are conducted, the seller is:

Media Access Australia trading as Access iQ™ Web Accessibility

Registered business address: Level 3, 616 – 620 Harris St, Ultimo NSW 2007

Phone: 02 9212 6242

Fax: 02 9212 6289

ABN: 72 000 259 154

Pricing

All prices are in Australian dollars and exclusive of the Australian Goods and Services Tax (GST).  If you reside outside of Australia, you will not be charged GST.  GST will be added to your order at the checkout.

Your rights

Under Australia's Competition and Consumer Act 2010 and related state and territory laws, you have remedies available to you. If you consider something you purchase from the Sites on which transactions are conducted (single-use access, subscription access or a product from our shop) is not of the standard you expected given its price and the way it was described. The remedies are in addition to and not limited by the information below about our cancellation, refunds & returns policy.

Complaints

Please direct any complaints in the first instance to Access iQ via email info@accessiq.org

Security

All details, including credit card information, submitted through the Sites pass through our secure server, which offers 128-bit encryption.

Changes to these terms and conditions

Access iQ™ may modify these terms and conditions at any time without providing notice to you. Your continued use of the Sites after such a modification constitutes your acceptance of that modification. For this reason we provide a link to the terms and conditions at the bottom of every page — you should check them each time you visit, because you are bound if you use the Sites.