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TERMS AND CONDITIONS

The following terms and conditions (“Terms”) governs your use of the “Self-Assessment Tool” (“Service”) and forms a binding contractual agreement between the Australian Design Council Limited (“ADC”, “we”, “us”, “our”) and you, as amended from time to time.

  1. GENERAL
    • To use the Service, you must be over the age of 18.
    • You may be asked to provide personal information to access and use the Service. All personal information collected by ADC will be maintained in accordance with our Privacy Policy (located at: https://australiandesigncouncil.org/privacy-policy/). ADC will use its reasonable endeavours to maintain the security of any personal information you provide.
    • We reserve the right to modify any part of these Terms at any time, and it is your responsibility to check this page periodically for changes.
    • You agree that we are not liable for any loss or damage whatsoever, howsoever caused, resulting from any action taken or reliance made by you on the functionality of any part or whole of the website or Service.
  1. SUBMISSIONS
    • You may be asked to submit written works to use the Self-Assessment Tool (“Submissions”).
    • You warrant that your Submissions are truthful, accurate, complete and otherwise in accordance with these Terms. You further warrant that you have all the rights necessary in and to make the Submissions and use by ADC will not infringe any third party rights (including but not limited to confidentiality, privacy, publicity or intellectual property rights). Your Submissions must not contain confidential information or be obscene, offensive, malicious, discriminatory, indecent or in ADC’s opinion, objectional or inappropriate.
  1. RIGHTS GRANTED
    • You retain all ownership rights in your Submissions. By providing information through the Service, you grant ADC (and its authorised partners and affiliates) a non-exclusive, irrevocable, royalty-free, worldwide licence to use de-identified and anonymised data derived from your Submissions to create, edit, aggregate, analyse, or otherwise develop new content (“New Content”) for any purpose, including but not limited to research, internal analysis, reporting, service development, advocacy, and commercial use.
    • For clarity, ADC will not use or disclose any part of your Submission that identifies you or your business personally, or that ADC reasonably considers to be confidential or commercially sensitive, unless you have given your prior written consent or such use or disclosure is required by law.
    • ADC will take reasonable steps to ensure that all data used under this clause is appropriately anonymised and that your privacy and confidentiality are maintained in accordance with applicable privacy laws.
  1. INTELLECTUAL PROPERTY
    • The intellectual property rights in all written work, artwork, images, videos, music, material, and other content made available to you on or through the Service (“ADC IP”) is the property of ADC and/or its licensors. ADC reserves all rights with respect to ADC IP.
  1. LIMITATION OF LIABILITY
    • You acknowledge and agree that the Service is being provided for general informational and advisory purposes only. The results, evaluations, or recommendations generated are not tailored to your individual circumstances, and do not account for all variables, conditions, or external factors that may apply to your situation.
    • Accordingly, any decisions you make based on the Service are made at your sole risk. ADC makes no representations or warranties, express or implied, about the accuracy, completeness, or suitability of the Service or any outcomes resulting from your reliance on the Service.
    • All materials and information provided by ADC in connection with the Service are supplied “as is” and without any express or implied warranties. To the fullest extent permitted by law, ADC excludes all warranties, including those relating to title, quality, performance, merchantability, fitness for a particular purpose, and non-infringement.
    • To the maximum extent permitted by law, ADC shall not be liable for any loss, liability, cost, damage, charge or expense whatsoever or howsoever incurred, directly or indirectly relating to or connected with: (a) your use or misuse of the website or Services, (b) any inaccessibility of or interruption to the website or Services; or (c) your reliance on any information. You hereby agree to indemnify and hold ADC harmless against any and all claims arising out of any of the foregoing.
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