ACTF

Legal

Welcome to the Australian Children’s Television Foundation website. This page outlines the terms and conditions of access to and use of the website or its applications (collectively the “Website”). Please read the following terms and conditions carefully before using the Website.

Introduction

The Website (www.actf.com.au) is owned and operated by the Australian Children’s Television Foundation (ABN 93 005 986 952) (“ACTF” “we”, “us” or “our”).

Acknowledgment and Acceptance

  1. Your access to and use of the Website (collectively, your “Access”) is conditional on your acceptance and compliance with (1) these terms and conditions (“Terms of Use”); (2) our Privacy Policy, found at https://actf.com.au/shop/privacy (“Privacy Policy”); and (3) any notices and disclaimers contained on the Website (“Notices and Disclaimers”). We reserve the right to revise, amend and update the Terms of Use, Privacy Policy and Notice and Disclaimers at any time without notification effective on the date of posting to the Website of the new and amended provisions.
  2. By your Access to the Website, you affirm that you are fully able and competent to enter into the terms and conditions set forth in these Terms of Use, and to abide by and comply with these Terms of Use. The Website is not specifically targeted towards children and the ACTF accepts no responsibility for any exposure of inappropriate material contained within the Website.

Access to the Website

  1. Your Access of the Website or its materials must not be in any manner or for any purpose which:
    1. is illegal or prohibited by any laws that apply to you;
    2. violates our rights in any way; or
    3. is prohibited by the Terms of Use.
  2. You must take your own precautions to ensure that your Access to the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data that arises in connection with your Access.
  3. You must not use the Website’s materials for commercial purposes without first obtaining our express written authority from us.

Ownership of Content on the Site

  1. Unless specified otherwise, all content on the Website, including without limitation:
    1. the registered and unregistered trademarks, service marks and logos contained therein;
    2. software, source code, scripts;
    3. imagery, graphics, photos, sounds, music and videos; and
    4. educational materials, series trailers and media kits;
      (collectively, the “Content”), are owned by or licensed to us, and are subject to copyright and other intellectual property rights under the law.
  2. Content is provided to you as is for your information and personal use and you must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly stated on the Website or provided for in these Terms of Use.

Education Website Materials

All intellectual property rights in teaching materials made available (“Educational Material”) are the sole property of the ACTF (except where otherwise indicated).

Except as permitted by these Terms of Use or by the Copyright Act 1968 (“Australian Copyright Act”), you are not permitted to copy, publish, adapt, communicate (or sublicense the right to do any of these things) the Educational Material or any part of the Educational Material unless you have received the prior written consent of the ACTF.

The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational institutions and by Commonwealth and State governments, provided fair compensation is paid. For more information, see www.copyright.com.au and www.copyright.org.au.

We may receive compensation for the use of their content by educational institutions and governments, including from licensing schemes managed by Copyright Agency.

ACTF Store - Payment Terms and Delivery

  1. Payments on the Website are made via credit card.
  2. Download links will be subject to a time limit after confirmation of purchase for security reasons.
  3. The price payable for any products or services is the price specified on the Wesbite at the time of placing the order. Prices are subject to change at any time.
  4. Any order placed on the Website is an offer by you to purchase a particular service or product for the price specified at the time you place your order. You acknowledge by placing an order, you are agreeing to pay for and accept delivery of the product(s) ordered.
  5. ACTF is not responsible for any delay or hindrance in the delivery of any services or products caused by, or in any way connected with, any other cause beyond the reasonable control of ACTF (including but not limited to downtime of any third-party transaction facilitators or software/hardware malfunctions).
  6. ACTF does not replace or provide refunds for products because of a change of mind.

Disclaimer and Limitation of Liability

You have rights under the Australian Consumer Law (“ACL”) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms of Use limits or excludes your ACL rights.

  1. To the fullest extent permitted by law, the ACTF will not be liable to you for any direct, indirect or consequential damages in connection with your use of, or inability to use, ACTF Website, or reliance on any materials on the ACTF Website.
  2. To the extent permitted by law, the ACTF disclaims all warranties, express or implied, in connection with the Website and your use thereof or your use of any of our materials, products and services in relation to:
    1. the accuracy, adequacy or completeness of the information and materials contained on the Website;
    2. the functionality or operation of the Website being uninterrupted, without delay, error-free, omission-free or free of viruses; and
    3. the use of any material appearing on the ACTF Website not infringing the rights of third parties.
  3. To the extent permitted by law, we exclude all warranties implied under statute. Subject to law, our liability in connection with the provision of any products or services whether arising in contract, tort, negligence, breach of statutory duty or otherwise will be limited to:
    1. the replacement of the products or the supply of equivalent products;
    2. the repair of the products;
    3. the payment of the cost of replacing the products or of acquiring equivalent products;
    4. the payment of the cost of having the products repaired;
    5. the re-supply of the services; or
    6. the payment of the costs of having the services provided again, the amount of which must not exceed the initial cost of the services.

Privacy Policy

The ACTF’s Privacy Policy can be found here.The ACTF’s Privacy Collection Statement can be found here.

Whistleblower Policy

The ACTF’s Whistleblower Policy can be found here.

Contact Details

If you contact the ACTF, you may be asked to provide your name and contact details so that the ACTF's staff can contact you in relation to your query. These details will be collected, handled, used and disclosed in accordance with our Privacy Policy.

ACTF Online Communities

You understand and agree the ACTF has ultimate control over all its online services. The ACTF may edit, remove or exercise its discretion not to publish your contribution for any reason, including if the ACTF considers it to be:

  • Unlawful or defamatory;
  • Intentionally false or misleading;
  • An infringement of intellectual property rights;
  • Abusive, offensive or obscene;
  • Inappropriate;
  • Compromising the privacy of any person;
  • Seeking to endorse commercial products or services; or
  • Seeking to directly solicit donations.

Statement of Commitment to Child Safety

The ACTF is committed to child safety. We respect and value the child audience, and we want children to be safe, happy and empowered. Our policies, procedures and practice reflect this commitment. If you have any child safety concerns in relation to this Website, please contact us at info@actf.com.au. For further information on child safe organisations, please refer to the National Principles for Child Safe Organisations.

Links 
This Website may contain links to other Websites. The ACTF is not responsible for, and makes no representations about, the privacy policies or content of those Websites.

Access and complaints about privacy

If you would like to access personal information about you collected by the ACTF, please see our Privacy Policy.

General Complains

General complaints can be made here.

IP2Location

This Website or product includes IP2Location LITE data available from https://lite.ip2location.com.

General Legal

  1. If we waive any rights available to us under these Terms of Use, this does not mean that those rights will automatically be waived on any other occasion.
  2. If any of the Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
  3. These Terms of Use are governed by the laws in force in the State of Victoria, Australia. By your Access of the Website, you agree to submit to the exclusive jurisdiction of the courts of Victoria.