Terms of Use

Website Usage Agreement


We'd like to make sure your experience on the pem.org.au website ("Site") is a pleasant and productive one.

Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this Site. By using this Site, you indicate your acceptance of these terms and conditions.


Terms and Conditions

This Site is owned and managed by The Pauline E McLeod Foundation Limited ("The Pauline E McLeod Foundation"). This Site is intended to be used by business and individual consumers in Australia and is currently provided free-of-charge to users who agree to abide by these Terms and Conditions. The Pauline E McLeod Foundation reserves the right to change the nature of this relationship at any time and to revise these Terms and Conditions at any time.


Users

No person under the age of 18 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 18 years of age or older.


Trademarks, Copyright and Restrictions

This Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips, video clips (the "Materials") is the property of The Pauline E McLeod Foundation and its affiliates and licensors and are protected from unauthorised copying and dissemination by copyrights that are owned or licensed by The Pauline E McLeod Foundation and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any Materials from this Site or any other website owned or operated by The Pauline E McLeod Foundation without the prior written permission of The Pauline E McLeod Foundation.


This Site includes registered trademarks and other trademarks that are protected by law. The use of these trademarks is strictly prohibited.


Young First Nations Cultural and Intellectual Property Rights

This Site contains Young First Nations Cultural and Intellectual Property ("ICIP"), including, without limitation, traditional knowledge, stories, language, artwork, designs, symbols, photographs, videos, music, recordings and other cultural materials relating to Young First Nations Peoples. Such material may be owned by or held by the Pauline E McLeod Foundation as custodian on behalf of, Traditional Owners, Elders, artists, contributors or Young First Nations communities. All ICIP remains the property of the relevant rights holders and is protected to the fullest extent permitted by law and recognised cultural protocols. The Foundation makes this material available for charitable, educational and informational purposes only. Accessing or using this Website does not grant any licence, permission or authority to copy, reproduce, adapt, modify, publish, distribute, communicate, commercialise, create derivative works from, use for artificial intelligence or machine learning training, data mine or otherwise exploit any ICIP without the prior written consent of the Pauline E McLeod Foundation and, where applicable, the relevant Traditional Owners, custodians or other authorised rights holders. Users must respect all cultural protocols, acknowledgements, warnings and restrictions applicable to the content and must not use any material in a manner that is culturally inappropriate, misleading, offensive or inconsistent with the wishes of the relevant Young First Nations community. The Pauline E McLeod Foundation reserves the right to require the removal of or take appropriate legal action in relation to, any unauthorised or inappropriate use of ICIP and nothing in these Terms limits or waives any copyright, moral rights, cultural rights or other rights recognised at law or under Young First Nations customary law and cultural protocols.


Cultural Notice

This Site may contain Young First Nations Cultural and Intellectual Property, including the names, images, voices, stories and cultural knowledge of Young First Nations Peoples. The Pauline E McLeod Foundation respectfully requests that all visitors engage with this content in accordance with applicable cultural protocols and refrain from reproducing or using it without appropriate permission. Some content may include the names, images or voices of Young First Nations Peoples who are deceased.


Communication

Although The Pauline E McLeod Foundation is not obliged to do so, it will have the right, but for the avoidance of doubt not the obligation, to review your communications on the Site to determine whether they comply with these Terms and Conditions and applicable laws or regulations. The Pauline E McLeod Foundation will comply with any court order in disclosing the identity or location of any person posting communications on the Site.


Links to and from our Website

The Pauline E McLeod Foundation is not responsible for the content of any sites that may be linked to or from pem.org.au These links are provided for your convenience only and you access them at your own risk. Any other website accessed from this Site is independent from The Pauline E McLeod Foundation and The Pauline E McLeod Foundation has no control over the content of that other website. In addition, a link to any other website does not imply that The Pauline E McLeod Foundation endorses or accepts any responsibility for the content or use of such other website.

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by The Pauline E McLeod Foundation of that third party or of any product or service provided by a third party.


Communication

Although The Pauline E McLeod Foundation is not obliged to do so, it will have the right, but for the avoidance of doubt not the obligation, to review your communications on the Site to determine whether they comply with these Terms and Conditions and applicable laws or regulations. The Pauline E McLeod Foundation will comply with any court order in disclosing the identity or location of any person posting communications on the Site.


Privacy

The Pauline E McLeod Foundation is committed to protecting the security and confidentiality of all personal data collected or otherwise processed through the Site. Our Privacy Policy summarises what personal information we may collect and process and what we will do with such information. You should review our Privacy Policy before providing any personal information to The Pauline E McLeod Foundation. Any changes made to the Privacy Policy will be posted in the Privacy Policy.


Disclaimer

The information contained in this Site is for general guidance on topics selected by The Pauline E McLeod Foundation. Such information is provided on an "as is" basis and is used at your risk. There may be delays, omissions or inaccuracies in information contained in this Site.


Limitation of Liability

To the fullest extent permitted by law, The Pauline E McLeod Foundation excludes all liability for any loss or damage suffered or incurred by you or any third party whether special, incidental, indirect or consequential loss or damages or any loss of data, profits, income, goodwill, contracts, use of money or any other loss or damage whatsoever arising out of or in connection with the use of or the inability to use, this Site or the information contained on this Site, even if The Pauline E McLeod Foundation (or any third party) was responsible for posting the information on this Site.


Termination

The Pauline E McLeod Foundation may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any message boards on the Site, for any reason, including without limitation, breach of these Terms and Conditions. If you breach these Terms and Conditions, your authorisation to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials and content and The Pauline E McLeod Foundation has the right to refuse any and all current or future use of or access to the Site.


Jurisdiction

The Pauline E McLeod Foundation operates the Site from its offices in Australia. Your use of this Site is governed by and construed in accordance with the laws of New South Wales. The Pauline E McLeod Foundation makes no representations that content and materials on the Site are legal or appropriate for use from outside Australia. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of United States or Australian export laws and regulations.