Intellectual Property Policy

Website Terms of Use

1.1    Introduction

• (a) In these terms, "we", "us" and "our" means the Yothu Yindi Foundation ABN 28 221 722 606 of GPO Box 3234, Darwin NT 0801.  Please read these terms carefully as they apply to your use of this website (including all content on it and its presentation), your purchase of goods and services through this website and any donations you make using this website.  By accessing or using this website you agree to be bound by these terms.

• (b) We may revise these terms from time to time by updating this posting.  The revised terms will take effect when they are posted.

1.2    Licence to use the content on this website

• (a) All copyright and other intellectual property rights subsisting in this website and contents on them (including the software, design, text and graphics comprised in our websites and the selection and layout of our websites) are owned or licensed by us and protected by the laws of Australia and other countries.

• (b) We grant you a limited, non-transferable licence to access and use this website solely for your personal, non-commercial purposes.  You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on this website, including audio and video excerpts, except as permitted by statute or with our prior written consent.

• (c) We (or our licensors) retain all rights, title, and interest in and to this website and all related content, and nothing you do on or in relation to this website or any of the related content will transfer any copyright or intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any copyright or intellectual property rights unless this is expressly stated.

• (d) Except as provided in these terms, use of or copying any content of this website for any purpose other than the purpose referred to in paragraph (b), is expressly prohibited, unless prior written consent is obtained from us.  You may contact us at admin@garmafestival.com.au  if you wish to obtain such consent.

• (e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this website without notice.

1.3    Linking to this website

• (a) We encourage you to provide links to this website for educational purposes or personal use.  While you may use the name www.garmafestival.com.au in the text of any such link, you may not use the Yothu Yindi Foundation or Garma Festival logo or any of our other trade marks without our prior written consent.  

• (b) You must not frame this website, or represent or imply that any part of this website belongs to anyone other than us.

• (c) If we notify you that we object to the manner in which you provide links to this website, you must immediately cease providing such links.

• (d) If you provide a link to this website, you must not misrepresent your relationship with us and in no way claim or imply a relationship which has not been authorised by us.

• (e) You must not use terms such as ‘proudly supporting’, ‘sponsored by’, ‘affiliated with’ etc without our permission.

• (f) You must not present false or misleading information about us.

• (g) The site providing the link to this website must not violate any laws and its content should not be construed as inappropriate, obscene, defamatory, vulgar, hateful or otherwise objectionable.

1.4    Use of this website

You must not:

• (a) use this website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cth);

• (b) use this website in a manner or way, or post to or transmit to or via this website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying this website;

• (c) make fraudulent or speculative enquiries, purchases or requests through this website;

• (d) use another person’s details without their permission or impersonate another person when using this website;

• (e) violate any applicable laws, or use this website for any purpose that is unlawful or prohibited by these terms;

• (f) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

• (g) tamper with or hinder the operation of this website;

• (h) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to this website;

• (i) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of this website;

• (j) modify, adapt, translate or reverse engineer any portion of this website;

• (k) remove any copyright, trade mark or other proprietary rights notices contained in or on this website;

• (l) collect or store personal data about other users of this website’

• (m) create accounts by automated means or under false or fraudulent pretences;

• (n) use this website to violate the security of any computer or other network or engage in illegal conduct;

• (o) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

• (p) use this website other than in accordance with these terms; or

• (q) attempt any of the above acts or engage or permit another person to do any of the above acts.

1.5    Termination

• (a) We may immediately suspend, terminate or limit your access to and use of this website if you breach these terms and:
  • (i) the breach cannot be remedied;
  • (ii) you fail to remedy the breach within 10 days of our notice to you of that breach; or
  • (iii) if there is an emergency or we need to perform some maintenance on our site.
• (b) You may stop using this website at any time and for any reason.
• (c) We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this website (including the merchandise available, the prices payable for such merchandise and your ability to apply to attend the Garma Festival).
• (d) We may stop making this website (or any part of it) available. This will not impact any current orders or donations that have been accepted by us.

1.6    Warranties and liability

• (a) Given the nature of telecommunication systems, particularly the internet, we cannot guarantee that this website will always be available or fault or virus free.

• (b) The terms that apply to the supply of this website are those that are expressly set out in these terms and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.

• (c) Subject to paragraphs (d) – (f), we accept our liability to you for breach of contract or negligence under principles applied by the courts.

• (d) We are not responsible for loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment, loss of data, loss of profits or revenue, and any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.

• (e) You must take reasonable steps to minimise the extent of the loss you may suffer as a result of this website.  

• (f) You must notify us in writing of your loss as soon as is reasonably possible.

• (g) Subject to our obligations under any implied terms, conditions or warranties, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or this website whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD$100.

• (h) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

• (i) Subject to paragraph (j), you are liable to us for breach of contract or negligence under the principles applied by the courts.

• (j) You are not liable for any loss to the extent that it is caused by us, for example, through our negligence or breach of contract.

1.7    Other websites

This website may contain links to external websites that are not operated by us. These links are provided for your convenience only and we make no representations or warranties, or have any responsibility or liability for those websites and these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

1.8    Privacy policy

In using this website, you may give us personal information in which you have certain rights.  By using this website, you grant us consent to use your personal information in accordance with our privacy policy [insert link to privacy policy], which forms a part of these terms.  Please click on this link to view our privacy policy.

1.9    Names and images on this website

Aboriginal and Torres Strait Islander people are advised that this website may contain names and images of people who are deceased.  If you have a complaint regarding any name or image of a deceased person on this website, please contact us at admin@garmafestival.com.au.  We will endeavour to address your concern if it is practicable to do so.

1.10    General

• (a) If any part of these terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
• (b)Your use of this website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of this website, including sending you electronic notices.
• (c) If we do not act in relation to a breach by you of these terms, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of these terms, this does not waive your right to act with respect to subsequent or similar breaches.
• (d) You may not assign or transfer your rights or benefits under these terms to any other person or entity without our prior consent, which we will not unreasonably withhold.
• (e) This agreement is governed by the laws of the Northern Territory, Australia.  Each party submits to the non-exclusive jurisdiction of the courts of that place.