Digital Asset Library Website Terms of Use

The Terms of Use specify the rules that apply to your use of the Website. Please read the Terms carefully as they contain information about your rights and obligations. 

1. ABOUT THE WEBSITE

The Website is designed to:

(a) provide you or your organisation (you/your) with access to the Digital Asset Library to view Digital Assets; and

(b) provide you with an opportunity to use a Digital Asset, subject to you first agreeing to a licence agreement.

2. ABOUT THESE TERMS 

2.1. Your use of the Website is subject to these Terms

(a) Rottnest Island Authority (our/we/us) provides the Website to you on these Terms. Your use of the Website is subject to you first accepting these Terms.

(b) You are responsible for complying with these Terms, and with all laws (and with any other terms and conditions) that apply to your use of the Website. If you are an organisation, you are responsible for ensuring such compliance by anyone who uses the Website on your behalf.

(c) To use the Website, you must be at least 18 years old. 

(d) You represent and warrant to us that:

(i) you are an individual acting on your own behalf; or

(ii) you act on behalf of an organisation and you have the authority to enter into these Terms on behalf of the organisation and bind the organisation to these Terms.

(e) By accessing or using the Website, you accept and agree to these Terms in full, without any limitation or qualification. These Terms constitute a legally binding agreement between you and us.

2.2. Changes to the Terms

(a) We may change these Terms from time to time. If the Terms are changed, you will be notified when you next use the Website.

(b) If you do not agree with the changed Terms, do not continue to use the Website. If you continue to use the Website, the changed Terms will apply from the time they were changed and they will replace previous Terms.

3. ACCESSING THE WEBSITE AND YOUR ACCOUNT 

3.1. Accessing the Website

(a) To access the Website you will need a reliable network connection. You are responsible for all internet access and network charges.

(b) The performance of the Website may vary from device to device, and may be affected by many variables, including your location and the quality of your network connection.

3.2. Setting up an account and login details

(a) To use the Website, you will need to set up an account. You must provide accurate, complete and up-to-date information for the account.

(b) You must not share your Website login details with anyone else. Keep your login details safe and secure so that no one else can access them. If:

(i) you do not take reasonable steps to keep your login details secure, and someone else signs in to your account; or

(ii) you give your login details to someone else who then signs in to your account,

then you are responsible for everything that person does using your account.

(c) You must advise us immediately if you think your password is no longer secure, or if you think someone else has accessed your account. You should change your password immediately via the password reset features as soon as you suspect this has occurred. If you require assistance, please contact Rottnest Island Authority Marketing at marketing@rottnestisland.com 

4. USING THE WEBSITE

4.1. Your responsibilities

(a) You are responsible for all of your activity on and in connection with the Website.

(b) You are responsible for what you access on the Website, how you interpret or use the Website and Your Content, and any actions you may take as a result of your use of the Website.

(c) You must not use the Website:

(i) for any purpose other than to view Digital Assets;

(ii) in a way that violates anyone else's rights (including intellectual property rights) or privacy, or is objectionable, harmful or misleading; or 

(iii) for any unlawful purpose, or in breach of any applicable laws or regulations.

(d) You remain responsible for any breach of contract or infringement of any intellectual property or other rights of others in connection with your use of the Website.

(e) We do not check the reliability, accuracy or completeness of the information you receive using the Website, including information provided by others.  We do not accept responsibility arising in any way from errors or omissions.

4.2. Your Content

(a) You are solely responsible for Your Content, which includes:

(i) the information you record via the Website; and

(ii) any other information that you enter using the Website.

(b) You agree to take reasonable steps to:

(i) ensure Your Content is accurate, up-to-date and complete; and

(ii) inform us if any of your personal information included in Your Content is not accurate, up-to-date or complete.

(c) You represent and warrant to us that Your Content will not include any material that:

(i) infringes the rights of any person including IP Rights;

(ii) includes personal information of another person;

(iii) is misleading, deceptive, libellous or materially incorrect;

(iv) is likely to cause offence;

(v) directly or indirectly involves the advertising or marketing of any products; or

(vi) is otherwise unlawful, encourages unlawful conduct, or is otherwise inappropriate having regard to the purpose of the Website.

4.3. Website security

You must not:

(a) attempt to bypass or undermine any security measures in respect of the Website or any technology it uses; 

(b) access or use the Website using automated means;

(c) use (or misuse) the Website in any way that may impair the functionality of the underlying systems or other technology that the Website uses, or impair the ability of any other user to access or use the Website;

(d) attempt to view, access, use or disseminate or copy any material or data that you are not allowed to access - or any material or data that you do not need in order to use the Website in accordance with these Terms; 

(e) bypass any measure we use to prevent or restrict access to the Website, any part of the Website or any other software, systems or networks connected to the Website;

(f) use the Website to transmit (or authorise the transmission of) unsolicited messages;

(g) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms of any part of the Website;

(h) frame or mirror any part of the Website, or delete any attributions or legal or proprietary notices on the Website;

(i) copy, modify or create derivative works of any part of the Website; 

(j) disclose to any person any information that you obtain from the Website, or that you derive from information you obtain from the Website; 

(k) allow anyone else to access or use the Website using your device or your login details; or

(l) access anyone else's Website account.

5. PAYMENT

We reserve the right to introduce a fee for your use of the Website. If we decide to introduce such a fee, we will notify you about this, and allow you to either continue or terminate your use of the Website.

6. YOUR PRIVACY

6.1. Personal information about you

By using the Website, you agree to the collection, use, storage and disclosure of your information. You agree that we may:

(a) collect personal information about you through your interactions with us and your use of the Website, and collect information about you from third parties;

(b) collect personal information about you in order to:

(i) enforce the terms of any licence agreement with us;

(ii) collate and generate data;

(iii) communicate with you; and

(iv) conduct customer surveys from time to time;

(c) disclose your personal information to the owners of Digital Assets or their authorised representatives and to our service providers, who may be located in Australia or overseas;

(d) use and disclose your personal information to provide, administer, improve and personalise the Website, identify you, protect our lawful interests and deal with your concerns; and

(e) handle your personal information in accordance with our Privacy Policy.

6.2. Notifications

(a) You agree to receive electronic messages via email, SMS or in-Website notifications. These messages may be from us or our service providers.

(b) You agree that any such messages satisfy all requirements for written communication.

7. LIMITATIONS OF THE WEBSITE

7.1. No warranties

(a) The Website is provided 'as is' and 'as available'. Except as required by law, we do not make any claims (and hereby disclaim any warranties) relating to:

(i) quality, performance or fitness for any particular purpose of the Website;

(ii) accuracy, reliability or quiet enjoyment of the Website;

(iii) non-infringement of third party rights (including intellectual property rights); or

(iv) anything else to do with the Website or any associated services.

(b) We do not make any warranties or representations about the information you receive using the Website or your use of the Website or that information.

(c) Nothing that we say or write creates any warranties in respect of the Website. However the law may have warranties for the Website that we cannot lawfully exclude or change - those warranties will apply to the Website as required by law.

(d) Digital Assets displayed on the Website may relate to an activity which is inherently dangerous or, by reason of the physical exertion or the degree of physical fitness required for the activity, may be unsuitable or dangerous. RIA makes no representations as to the nature, safety, quality or suitability of the activities.

(e) The Digital Asset may contain information relating to goods, services or a business. RIA makes no representation as to the relevance, currency or accuracy of this information or the nature, safety, suitability or quality of the goods, services or business.

7.2. Errors and interruptions 

We are not responsible for:

(a) making sure the Website is error free;

(b) ensuring any defects with the Website will be fixed; or

(c) ensuring that you have continuous or any particular level of access to the Website.

7.3. Transmission

Your Content may be transmitted to servers in Australia or overseas. The transmission of information over networks is inherently not secure. We do not guarantee, and you should not expect, that Your Content, or other information on the Website, will always remain private.

7.4. Third party technologies

The Website uses technology and services that are provided by third parties. The technology and services may not always work as expected. As with the other aspects of the Website, we are not responsible for the operation of those technologies and services, or for making sure they are error-free.

7.5. Change or withdraw the Website

We may, at any time, and without notice or liability to you:

(a) change the Website; or

(b) suspend or discontinue the Website (in whole or in part).

7.6. Cancel your access

We may, at any time, and without notice or liability to you:

(a) terminate, suspend, restrict or disable your access to or use of the Website; or

(b) change who can use the Website,

and this could be because you do not comply with these Terms or with your legal obligations or it could be for any other reason, including reasons relating to our internal operations.

8. LIMITATIONS OF LIABILITY

8.1. Use of Website is at your own risk

Your use of the Website is at your own risk. If the Website is defective, you will not be reimbursed for any costs of fixing any damage or loss arising from it.

8.2. No liability

(a) To the extent permitted by law, we exclude all liability arising from or in connection with the Website.

(b) To the extent permitted by law, we and our service providers are not liable for personal injury, or for any damages whatsoever including direct, incidental, special, indirect or consequential, including, without limitation:

(i) loss (or use or misuse) of data or damage to any technology;

(ii) loss of profits or income, loss of opportunity;

(iii) interruption to your business; or

(iv) any other loss or cost arising out of or related to your use of (or inability to use) the Website,

however caused, and whether arising under contract, tort, statute or otherwise, and even if you have advised us of the possibility of such loss or cost.

(c) Our total liability to you for all damages and any kind of loss will not, in any case, exceed $20 (Australian).

8.3. Your Consumer Rights

(a) Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under any law (including the Australian Consumer Law) which may not be excluded, restricted or modified by agreement (Your Consumer Rights). However, our liability to you for breach of Your Consumer Rights, or other rights, is limited to the maximum extent permitted by law.

(b) If we are liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, then (to the extent legally possible), we limit our liability under those provisions to, at our choice:

(i) supplying the Website or any relevant services again; or

(ii) the payment of the cost of having the Website or relevant services supplied again.

8.4. Indemnity

You agree to fully indemnify and hold us and our employees and contractors harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Website, including any breach by you of these Terms.

9. OUR CONTENT 

(a) We (or our service providers or licensors) own all rights in the Website and the technology it uses. It is licensed (not sold) to you. The licence is for you to use the Website for the sole purpose of permitting you to view the Digital Assets.

(b) We reserve all rights in and to the Website (including in respect of technology, trade marks, branding and copyright protected material) that are not expressly granted to you under this licence. You agree not to challenge or dispute those reserved rights.

(c) If you provide us any feedback about the Website, we may use and disclose that feedback without any obligation to you. We own all rights in anything created as a result of that feedback (including any changes to the Website).

10. THIRD PARTY CONTENT

The Website contains content provided to us by third parties. We do not have a practice of monitoring or making inquiries about any such third party content and make no representations either express or implied concerning such third party content. You rely on all third party content completely at your own risk.

11. TERMINATION

(a) You may stop using the Website at any time for any reason. 

(b) We may terminate your access to the Website at any time, for any reason.

(c) All warranties and acknowledgements provided by you, all provisions relating to liability or intellectual property rights, and any other provisions which by their nature survive termination, will survive termination of these Terms.

12. GENERAL

(a) Other Terms. In addition to these Terms, your use of the Website is subject to:

(i) our Privacy Policy; 

(ii) our Complaints Policy; and

(iii) the Disclaimer on this website.

In the event of any inconsistency between these Terms and the terms set out above, these Terms will prevail to the extent of the inconsistency.

(b) Laws of WA. These Terms are governed by the laws of Western Australia. The courts of Western Australia have exclusive jurisdiction in respect of any dispute which may arise. 

(c) Disputes. Before filing a claim or complaint against us, you agree to attempt to resolve the dispute by first contacting Rottnest Island Authority Marketing and Events with a description of your claim. We will attempt to resolve the dispute within 60 days of being contacted by you. If we are unable to resolve the dispute, you may commence formal action.

(d) Assignment. These Terms are personal to you and you may not assign, sub-licence or otherwise transfer any rights under these Terms without our prior written consent. We may assign, sub-licence or otherwise transfer our rights and obligations under these Terms without your consent.

(e) No waiver. No delay or failure to act will be construed as a waiver of, or in any prejudice, any of our rights. No waiver will be effective unless it is in writing. A waiver of a breach will not waive any other breach.

(f) Links and advertisements. Hypertext links to external sites (eg websites, mobile applications) are provided in good faith, as a convenience to users. These external information sources are outside of RIA’s control and it is your responsibility to make your own decisions about the relevance, accuracy, reliability and correctness of material found on external sites. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.

(g) Cookies. During your use of the Website, we may issue to and request from your computer blocks of data known as "cookies". By using this Website, you authorise us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Website.

13. DEFINITIONS

Digital Assets includes photographs, film footage, audio recordings, information, artistic works and maps owned by or licensed to RIA, use of which is subject to you first entering into a licence agreement with us.

Website means the Digital Asset Library Website and any modifications or upgrades provided by us that replace or supplement the original website.

Including means including but not limited to (and include has a similar meaning).

Privacy Policy means our privacy policy, which is available at https://rottnestisland.com/information/privacy-policy

Terms means these Terms of Use as amended from time to time.

Your Content means any information, documents or other materials that you enter or upload using the Website, or that is entered or uploaded using your login details or via the Website including your personal information.

14. CONTACT US 

If you have any questions or suggestions, or you would like to cancel your account, you can contact us at marketing@rottnestisland.com