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| INTRODUCTION | ||
| Welcome to the GBRMPA Image Collection, providing outstanding imagery of the Great Barrier Reef Marine Park. The collection consists of thousands of images which may be used free of charge, for educational and non-commercial use, with charges applying for commercial use. | ||
TERMS & CONDITIONS |
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1 |
Whole Agreement |
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| This Agreement constitutes the whole agreement between the Licensor and the Licensee with respect to the Image, and supersedes any prior negotiations, agreement or understanding. | ||
2 |
Interpretation |
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| In this Agreement, unless the contrary intention appears: | ||
| 2.1 | “Agreement” means this Agreement constituted by the Licensee’s acceptance of these Licence Conditions; | |
| 2.2 | “Approved Use” means the use of the Image for the purpose approved of by the Licensor and recorded by the Licensee on this Website, prior to downloading the Image, as the purpose for which the Image will be used; | |
| 2.3 | “Business Day” means in relation to the doing of any action in a place, a weekday other than a public holiday in that place; | |
| 2.4 | “Commonwealth” means the Commonwealth of Australia; | |
| 2.5 | “Fee” means the price in Australian dollars, if any, paid by the Licensee to the Licensor for the grant of a Licence; | |
| 2.6 | “Image” means an electronic visual image posted on this Website which: | |
| 2.6.1 | has been made available to the Licensee to access and download using the procedures specified on this Website; and | |
| 2.6.2 | has been or will be accessed by the Licensee; | |
| 2.7 | “Licence” means the licence specified in clause 4 of this Agreement; | |
| 2.8 | “Licensee” means You, or the organisation (if any) on whose behalf You are taking the Licence; | |
| 2.9 | “Licensor” means the Great Barrier Reef Marine Park Authority, a body corporate established by the Great Barrier Reef Marine Park Act 1975 on behalf of the Commonwealth of Australia, and where the context permits includes the employees, authorised sub-contractors and agents of the Licensor; | |
| 2.10 | “Moral Rights” means the moral rights granted to creators under the Copyright Act 1968 (Cth); | |
| 2.11 | “published” has the same meaning as “published” in the Copyright Act 1968 (Cth); | |
| 2.12 | “Site” means the GBRMPA Image Collection website; | |
| 2.13 | “You” or “Your” refers to the natural person who accesses the Image using the procedures specified on this Website. | |
3 |
Warranty re Authority |
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| If you are contracting on behalf of an organisation, You warrant that You are entitled to enter into the Agreement on behalf of the Licensee. | ||
4 |
Grant of Licence |
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| 4.1 | The Licensor grants to the Licensee a revocable, non-exclusive, non-transferable licence (“the Licence”): | |
| 4.1.1 | to access and download the current version of the Image from this Website; and | |
| 4.1.2 | to reproduce or authorise the reproduction of the Image for the Approved Use. | |
| 4.2 | The Image must not be used for any purpose other than the Approved Use. | |
| 4.3 | The Licensee must not disclose the Image to any third party unless that disclosure is an Approved Use and the Licensee must take all reasonable efforts to prevent the disclosure of the Image to an unauthorised third party and/or the use of the Image by an unauthorised third party. | |
| 4.4 | The Licensee must not copy (electronically or otherwise) the Image except for the Approved Use. | |
| 4.5 | The use of any logo or trademark appearing in the Image must be used in a manner permitted by the logo or trademark owner. This Licence does not grant any rights to use any logos or trademarks. | |
5 |
Acknowledgement |
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| 5.1 | The Licensee acknowledges that copyright in the Image, or any part of the Image, is held by the Licensor and that the Image will only be used or dealt with by the Licensee as provided in this Agreement. | |
| 5.2 | The Licensee will ensure that all copies of the Image printed, published, made or reproduced, or otherwise communicated to the public (including electronic material) by the Licensee will display the following notices: | |
| 5.2.1 | a notice, which is clear and reasonably prominent, identifying the photographer or creator of the image; and | |
| 5.2.2 | a notice identifying the copyright owner, (as described against that image) such as “© Commonwealth of Australia (Great Barrier Reef Marine Park Authority)”. | |
| 5.3 | The Licensee must ensure that the Image is not subject to any treatment which is prejudicial to the reputation or functions of the Licensor or the Commonwealth, and does not infringe the moral rights of the author of the Image. | |
6 |
Payment |
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| 6.1 | An invoice for the Fee, if any is applicable, will be forwarded to the Licensee by electronic mail. | |
| 6.2 | Payment of the Fee entitles the Licensee to use the Image, subject to the terms and conditions of this Agreement. | |
7 |
Disclaimer of Warranties |
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| 7.1 | The Licensor does not warrant the accuracy, completeness, currency or suitability of the Image for any purpose. | |
| 7.2 | The Licensor does not warrant that the Image, when delivered or accessed will be capable of being processed on any equipment. | |
| 7.3 | The Licensee acknowledges that the Image has not been prepared to meet the Licensee’s individual requirements and that it is therefore the responsibility of the Licensee to ensure that the Image meets any such requirements. | |
| 7.4 | The Licensor does not warrant that the functions contained in the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. | |
| 7.5 | To the extent permitted by law, the Licensor excludes all warranties, whether express or implied, in respect of the Image, or Your use of the Site. In respect of any warranties that cannot be excluded by law, liability is limited, at the Licensor’s option, to replacement of the Image, supply of an equivalent Image or refund of the Fee, if any, paid by the Licensee to the Licensor. | |
8 |
Waiver |
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| The Licensee waives all rights to recover damages from the Licensor for any liability to the Licensee for all loss, damage or injury which may be suffered by the Licensee (including but not limited to damage attributable to a wrongful or negligent act or omission of the Licensor or damage to any of the Licensee’s property or finances) arising from the use of the Image, or Your use of the Site. | ||
9 |
Indemnities |
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| 9.1 | The Licensee indemnifies the Licensor against any loss, damage or legal liability in respect of: | |
| 9.1.1 | personal injury to, or death of, any person; or | |
| 9.1.2 | damage to property; or | |
| 9.1.3 | financial loss, arising from the use of the Image, or Your use of the site, to the extent that such damage or loss is attributable to a wrongful (including negligent) act or omission of the Licensee or the Licensee’s employee, agent or sub-contractor. |
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10 |
Termination |
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| 10.1 | Either party may terminate this Agreement upon the happening of any of the following events: | |
| 10.1.1 | if any of the following insolvency events occur: | |
| (a) | the Licensee ceases to, or is unable to, pay its creditors or any class of them in the ordinary course of business, or announces its intention to do so; | |
| (b) | a receiver, receiver and manager, administrator, liquidator or similar officer is appointed to the Licensee or any of its assets; | |
| (c) | the Licensee enters into, or resolves to enter into, a scheme or arrangement, compromise or composition with any class of creditors; | |
| (d) | a resolution is passed or an application to a court is taken for the winding up, dissolution, official management or administration of the Licensee; or | |
| (e) | anything having a substantially similar effect to any of the events specified above happens under the law applicable to this Agreement; or | |
| 10.1.2 | if the other party fails to comply with or observe any of the provisions of this Agreement and where that failure is capable of remedy the other party fails to remedy such failure within 14 days of notice specifying the failure and requiring it to be remedied. | |
| 10.2 | In the event of termination for any reason all rights of the Licensee granted under this Agreement will terminate and the Licensee will forthwith cease to print, publish, make, reproduce or use in any manner whatsoever the Image, and will deliver up to the Licensor all copies of the Image in the possession, custody or control of the Licensee. | |
11 |
GST |
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| 11.1 | In this clause “GST” refers to goods and services tax for supplies made under this Agreement which are taxable supplies within the meaning of A New Tax System (Goods and Services) Tax Act 1999. | |
| 11.2 | Subject to any other provision of this Agreement expressing a contrary intention, if GST is imposed on a supply made under it, then the party paying for the supply must pay the amount of the GST to the party making the supply, at the same time as, and in addition to, the amount payable for the supply. | |
| 11.3 | A party making a taxable supply under this Agreement must give the recipient a tax invoice for the taxable supply when that supply is made. | |
12 |
General |
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| 12.1 | The Licensee will not assign all or any of its rights hereunder without the prior written consent of the Licensor. | |
| 12.2 | This Agreement will be read and construed according to the law of the State of Queensland and the parties submit to the jurisdiction of the State of Queensland. | |
| 12.3 | This Agreement will not be varied except in writing by both the parties. | |
| 12.4 | If any provision of this Agreement is held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation it is to be severed so that the validity and enforceability of the remaining provisions are not affected. | |
| 12.5 | Failure or neglect by either party to enforce at any time any of the provisions of this Agreement will not be construed or deemed to be a waiver of that party’s rights under this Agreement. | |
13 |
Notices |
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| 13.1 | A notice is to be: | |
| 13.1.1 | signed by the person giving the notice and delivered by hand; or | |
| 13.1.2 | signed by the person giving the notice and sent by pre-paid ordinary post; or | |
| 13.1.3 | transmitted electronically by the person giving the notice by electronic mail or facsimile transmission. | |
| 13.2 | Service of a notice is deemed to be effected: | |
| 13.2.1 | if delivered by hand – upon delivery to the relevant address; | |
| 13.2.2 | if sent by post – upon the expiration of two (2) Business Days after the date on which it was sent; | |
| 13.2.3 | If transmitted electronically – upon receipt by the sender of an acknowledgement that the communication has been properly transmitted to the recipient. | |
| 13.3 | Service of a notice received after 5.00pm, or on a day that is not a Business Day, is deemed to be effected on the next Business Day. | |