Terms of use and disclaimer

Agreement between User and Industry Capability Network

Effective date: 4 April 2019

The Industry Capability Network website is comprised of various web pages operated by Industry Capability Network.

The Industry Capability Network website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Industry Capability Network website constitutes your agreement to all such terms, conditions, and notices.

Modification of these terms of use

Industry Capability Network reserves the right to change the terms, conditions, and notices under which the Industry Capability Network website is offered, including but not limited to the charges associated with the use of the Industry Capability Network website.

Links to third party sites

The Industry Capability Network website may contain links to other websites ('Linked Sites'). The Linked Sites are not under the control of Industry Capability Network and Industry Capability Network is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Industry Capability Network is not responsible for webcasting or any other form of transmission received from any Linked Site. Industry Capability Network is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Industry Capability Network of the site or any association with its operators, or any associated organisation, product or service.

No unlawful or prohibited use

As a condition of your use of the Industry Capability Network website, you warrant to Industry Capability Network that you will not use the Industry Capability Network website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Industry Capability Network website in any manner which could damage, disable, overburden, or impair the Industry Capability Network website or interfere with any other party's use and enjoyment of the Industry Capability Network website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Industry Capability Network websites.

Use of communication services

The Industry Capability Network website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, 'Communication Services'), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name,material or information
• upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents
• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
• advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages
• conduct or forward surveys, contests, pyramid schemes or chain letters
• download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
• restrict or inhibit any other user from using and enjoying the Communication Services
• violate any code of conduct or other guidelines which may be applicable for any particular Communication Service
• harvest or otherwise collect information about others, including e-mail addresses, without their consent
• violate any applicable laws or regulations.

Industry Capability Network has no obligation to monitor the Communication Services. However, Industry Capability Network reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Industry Capability Network reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Industry Capability Network reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Industry Capability Network's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Industry Capability Network does not control or endorse the content, messages or information found in any Communication Service and, therefore, Industry Capability Network specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Industry Capability Network spokespersons, and their views do not necessarily reflect those of Industry Capability Network.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to Industry Capability Network or posted at any Industry Capability Network website

Industry Capability Network does not claim ownership of the materials you provide to Industry Capability Network (including feedback and suggestions) or post, upload, input or submit to any Industry Capability Network website or its associated services (collectively 'Submissions'). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Industry Capability Network, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Industry Capability Network is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Industry Capability Network's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Material for general use

The material on this website is provided for general information only, and on the understanding that Industry Capability Network is not providing professional advice on a particular matter.

The material may include the views or recommendations of third parties, and does not necessarily reflect the views of Industry Capability Network, or indicate a commitment to a particular course of action.

This website contains information that is intended for general use. In addition, errors or omissions can occur in the preparation of information. Therefore, before relying on the material, users should ensure they independently verify its completeness, accuracy, relevance for their purposes and that it is up-to-date.

The user should obtain appropriate independent professional advice before any action or decision is taken on the basis of any material on this website.

Users of this website are also directed to our Privacy Statement.

Agreement to allow release of certain information

It is a necessary requirement of operating the Industry Capability Network website and to maximise the benefits available to users that some of the information you have provided is made available to third parties who may wish to use your information. By using this website you are agreeing to Industry Capability Network making this information available to third parties.

Liability disclaimer

The information, software, products, and services included in or available through the Industry Capability Network website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Industry Capability Network and/or its suppliers may make improvements and/or changes in the Industry Capability Network website at any time. Advice received via the Industry Capability Network website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Industry Capability Network and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Industry Capability Network website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided 'as is' without warranty or condition of any kind. Industry Capability Network and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Industry Capability Network and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Industry Capability Network website, with the delay or inability to use the Industry Capability Network website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Industry Capability Network website, or otherwise arising out of the use of the Industry Capability Network website, whether based on contract, tort, negligence, strict liability or otherwise, even if Industry Capability Network or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Industry Capability Network website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Industry Capability Network website.

Service contact: analytics@icn.org.au

Termination/access restriction

Industry Capability Network reserves the right, in its sole discretion, to terminate your access to the Industry Capability Network website and the related services or any portion thereof at any time, without notice. General. To the maximum extent permitted by law, this agreement is governed by the laws of the Victoria ('VIC') and you hereby consent to the exclusive jurisdiction and venue of courts in the VIC in all disputes arising out of or relating to the use of the Industry Capability Network website. Use of the Industry Capability Network website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Industry Capability Network's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Industry Capability Network's right to comply with government, court and law enforcement requests or requirements relating to your use of the Industry Capability Network website or information provided to or gathered by Industry Capability Network with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Industry Capability Network with respect to the Industry Capability Network website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Industry Capability Network with respect to the Industry Capability Network website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Use of ICN Analytics

• Access to and entitlement to use ICN Analytics is by an annual subscription payable by the due date to ICN Victoria Limited.
• Access to and use of ICN Analytics will not be granted until all fees payable have been received by ICN Victoria Limited.
• It is the subscriber's responsibility to ensure that information provided is accurate and follows the specification and guidelines provided by ICN Victoria Limited.
• Subscribers may increase their subscription level at any time, but no refunds will be made for cancelled subscriptions or reduced usage levels.
• Only password holders may use the ICN Victoria Limited sites and services.
• ICN Victoria Limited reserves the right to alter ICN Analytics or change the annual subscription fee from time to time. Any such changes will be advised on the ICN Analytics website.
• ICN Victoria Limited may wish to update or change these terms and conditions from time to time to reflect changes in ICN Analytics, changes in the law, or for other good reasons. ICN Victoria Limited reserves the right to make these changes and you will be notified of these changes on the user's login page. You are responsible for reviewing the changes to the terms and conditions. Continued use of ICN Analytics after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve ICN Analytics shall be subject to these terms and conditions, as modified from time to time.
• Subscribers must avoid bringing ICN Analytics into disrepute, avoid any tampering with ICN Victoria Limited material and ensure that ICN Victoria Limited intellectual property rights are protected at all times.