Website Terms of Use

– Updated July 2022

Introduction

The website https://indigenousartcode.org (this Website) is owned and operated by Indigenous Art Code Limited (ABN 67139 788 711) (the IartC).

By accessing and/or using this Website and related services, you agree to these Terms of Use, which include our Privacy Policy.

In these Terms of Use for use of this Website “we”, “our” and “us” means the IartC and “you” and “your” means you, the user of this Website.

Copyright and other Intellectual Property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, audio and software) made available on this Website (Content).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a licence to access the Website and view the Content subject to these Terms of Use and, where applicable, as expressly authorised by us and/or our third party licensors.

Any use, copying, reproduction or redistribution of this Website or the Content without our prior written consent is strictly prohibited unless otherwise permitted by law or the Artist, Dealer or Supporter Terms and Conditions (as applicable). In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.

When uploading any content to our Website, you must not upload anything which violates someone else’s rights, including Intellectual Property rights (e.g., copyright infringement, trademark infringement, counterfeit or pirated goods) and Indigenous Cultural and Intellectual Property rights (that is, rights of Indigenous Australians to their heritage, consisting of intangible and tangible aspects of the whole body of cultural practices, resources and knowledge systems developed, nurtured and refined by Indigenous people and passed on by them as part of expressing their cultural identity). You represent that you own or have obtained all necessary rights to the content you upload to our Website.

Subscribing and unsubscribing to our newsletter

By registering on or providing us with your email address through this Website users agree to be included in our email mailing list. Our emails include our newsletter.

Every marketing or promotional e-mail we send has an unsubscribe option. Simply unsubscribe by following the link at the bottom of our email communications. Users will be removed from our mailing list once the unsubscribe option is selected.

Tracking technologies

Please refer to the ‘Use of tracking technologies’ section of our Privacy Policy.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using this Website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this Website any unauthorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security;
  • posting or transmitting to this Website any secret or sacred materials as considered under Aboriginal and Torres Strait Islander tradition. Secret or sacred material includes, but is not limited to, any images of items:
  • associated with a traditional burial;
  • created for ceremonial, religious or burial purposes;
  • used or seen only by certain people;
  • sourced from or containing material that only certain members of the community can use or see.

If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

Changes to Terms of Use

We reserve the right to make changes to these Terms of Use and any other terms and conditions contained on this Website. Any such amendment will be effective immediately upon posting on this Website. You should check these Terms of Use regularly for such changes. Your continued use of this Website following such posting will be an agreement by you to be bound by these Terms of Use as amended.

External sites

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Disclaimer

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Limitation of liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

General

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall nevertheless continue in full force.

These Terms of Use are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

Resolving your concerns

If you have any concerns with, or do not understand, our Terms of Use, we encourage you to contact us.

Our contact details are below and we will respond to your query as soon as possible.

Post:

Indigenous Art Code

Attn: CEO

PO Box 789

Randwick NSW 2031

E-mail: info@indigenousartcode.org

Acknowledgement of Country

Indigenous Art Code acknowledges the Traditional Owners and custodians of Country throughout Australia and recognises their continuing connection to the land, waters and skies, often expressed through art. We pay our respects to artists, Elders and community members past, present and future.

Acknowledgement of Country

Indigenous Art Code acknowledges the Traditional Owners and custodians of Country throughout Australia and recognises their continuing connection to the land, waters and skies, often expressed through art. We pay our respects to artists, Elders and community members past, present and future.

Aboriginal and Torres Strait Islander people viewing this site should be aware that it may contain images, voices, artworks and names of people who have passed away.