Terms and Conditions

AITSL Website Terms of Use

The purpose of the Australian Institute for Teaching and School Leadership (AITSL) website (www.aitsl.edu.au) is to assist AITSL in its role of promoting excellence in the profession of teaching and school leadership. To further this objective, AITSL provides a number of resources and programs that may be accessed directly from the corporate website or through their respective web site addresses. These include, but are not limited to the:

• Supervising Preservice Teachers LMS
• Assessor Training Program LMS
• My Induction app
• My Teaching Advice
• 360 Reflection Tool
• Teacher Migration Services and Support portal
• Indigenous Cultural Responsiveness Self-Reflection Tool

Your use of the Website and any of the Sites or any parts of those Sites (the “AITSL Websites”) is governed by these terms and conditions (collectively" the Terms"). It is noted that AITSL provides some services that are restricted and provided only to users over the age of 18 who have registered through the AITSL Websites for participation.

By accessing and using the AITSL Websites, you accept and agree to be bound by the Terms.

DO NOT USE THE AITSL WEBSITES OR UPLOAD OR DOWNLOAD CONTENT OR INFORMATION FROM THE AITSL WEBSITES IF YOU DO NOT AGREE TO THE TERMS.

Definitions

"AITSL" means the Australian Institute for Teaching and School Leadership Limited (ACN 117 362 740)

"Content" includes information, images, videos and text found on any AITSL Website.

"Feedback" refers to all remarks, data, suggestions, methods, surveys, reports, processes and ideas (including any patentable ideas) and other Content you provide by using the Sites or provide about any of the Sites, Content, or any aspect of our mission or operations, whether provided to AITSL or to persons working with AITSL.

"User Generated Content" refers to Content and Feedback (including video material, posts, blogs, discussion threads, etc) uploaded by Authorised Users, and includes Content and Feedback on behalf of Students (whether directly or through their Parent/Guardian/Teacher) and third party users of the Sites.

"Viruses" means any viruses, time-bombs, back doors, trojan horses and any other form of malevolent or defective code or similar items and things.

Accessing our website and your rights

When accessing, browsing or viewing the AITSL website you accept and acknowledge that they contain material or information that is the subject of copyright or other legal rights.

The material and information on our websites comes from a number of sources including our Board and Secretariat and from third parties who have given permission for the use of their material or it is material obtained under licence. Accordingly, material and information are available and published on our website and may:

be accessed, viewed and reproduced for the purposes of non-commercial educational or research uses provided that you agree and acknowledge that copyright and any other intellectual property rights are retained by AITSL and a copyright notice will appear on each page reproduced

not be used or distributed for any public or commercial purpose and

not be used or reproduced such that it breaches copyright or any other legal right of AITSL or its licensors, including by amendment, adaptation or translation into any other form, dimension or media.

If you are in doubt as to the use of material and information on these sites, you may request permission to use the material and information from:


AITSL 
PO Box 299
Collins Street West VIC 8007
AUSTRALIA

Phone: 03 9944 1200
Email: [email protected]

Disclaimer

You should also be aware that AITSL has used reasonable endeavours or may have relied on other parties for the material and information on this site. We give no warranty or guarantee that the material, information or publication accessed and viewed on our websites is accurate, complete, current, or fit for any use whatsoever. No reliance should be made by a user of any material, information or publication and you are advised to make your own assessment before its use.

AITSL does not accept any liability or responsibility for any loss or damage whatsoever suffered as a result of direct or indirect use of any material, publication or information made accessible via these websites.

AITSL provides links to professional associations/organisations and information external to AITSL. In providing such links, AITSL does not accept responsibility for, or endorse the content or condition of, any linked site.

AITSL reserves the right to vary the material, information or publication on these websites without notice.

Terms

All statements and materials posted by individual users of the AITSL Websites reflect the views of those contributors and do not reflect the views of AITSL.

AITSL Websites are publicly viewable, but accounts and User Generated Content features (video posts, blogs, discussion threads, etc) are intended for use only by teachers, school administrators and personnel who are aged 18 and older and who are registered and receive access through the log-in process ("Authorised Users"). By contributing User Generated Content consisting of videos, images, information or other content to the AITSL Websites, you represent and warrant that you are an Authorised User and that you have received an access credential authorising you to access AITSL Websites.

You agree that when you submit User-Generated Content, such Content:

• is provided by you in accordance with and subject to these Terms; and
• will be made available:
• for viewing on the AITSL Websites; and
• for other's use through the AITSL websites under the licence granted to AITSL pursuant to clause 27.

You grant AITSL a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub licensable, assignable, worldwide license to use, display, perform, broadcast and publish in public or private sites, newspapers or other media and reports any User Generated Content you submit (whether in full or in part) and other information you provided through or relating to the AITSL Websites.

You acknowledge and agree that if you participate on blogs or discussion threads, or submit videos as part of, or to, the AITSL Website, any personally identifiable information you submit as part of such blogs or discussion threads or as part of or in connection with such videos can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. AITSL is not responsible for the personally identifiable information you choose to submit on, to, or as part of, an AITSL Website or for the consequences of submitting such information.

You acknowledge and agree that you are solely responsible for all User Generated Content you upload to any AITSL Websites and you release and indemnify AITSL, its officers, employees, agents and representatives from and against any and all liability and costs arising out of or incidental to the User Generated Content uploaded by you and any breach by you of these Terms, including without limitation, a breach of any of the undertakings set out in clause 9.

You agree not to use any AITSL Website or any Content unlawfully or for illegal purposes, or in violation of any academic or ethical code of conduct, policy or to advertise or market to other users.

You accept and acknowledge that your rights to access, browse or view any AITSL Website or particular section of the AITSL websites will be subject to your status as an Authorised User and that such rights may vary.

In using or accessing the AITSL Websites or uploading any User Generated Content to the AITSL Websites, you undertake to AITSL that you will NOT:

1. access, tamper with or otherwise use areas of the AITSL Websites, other than as expressly authorised in these Terms;
2. tamper with any Content related to any person other than you;
3. provide as part of, or in connection with, the AITSL Websites any name, branding, trademarks, logos, seals or slogans or copyright material of any third party without the prior written consent of both the third party and of AITSL;
4. solicit, garner, glean or gather any other user's information available as part of, or in connection with any AITSL Websites, including without limitation, names, phone numbers or email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters";
5. frame or link any AITSL Website without the prior written consent of AITSL;
6. suggest or otherwise represent that you have any affiliate or sponsorship with any individual, partnership, company, entity, organisation or other body corporate or incorporate related to any AITSL Websites that you do not have;
7. engage in any deceptive or misleading practices;
8. infringe the intellectual property rights of any person;
9. breach any obligations of confidence owed to any person;
10. breach any law, regulation or contractual obligation you owe to a third person;
11. defame any other person;
12. release or otherwise make available any publicity, promotional or advertising material or any other information concerning any AITSL Websites, without the prior written consent of AITSL;
13. post, email, transmit or otherwise make available any Content which:
    1. is in breach of the undertakings made by you in this clause 9; or
    2. contains any defects or Viruses;
14. decompile, reverse engineer or disassemble any software, device or other processes forming part of, or used in connection with, any AITSL Website;
15. use any Content contained on any AITSL Websites in breach of these Terms;
16. post or upload videos or images of students or anyone else under the age of 18, without written parental consent. Confirmation of such consent must be provided with such video or image submissions; or
17. upload any other than material that would, if classified by the Classification Board, (established pursuant to the Classification (Publications, Films and Computer Games) Act 1995 (Cth) (“the Classification Act”), attract a “G - General” or “PG – Parental Guidance” rating pursuant to the Classification Act, the National Classification Code and the Classification Guidelines.

You acknowledge and agree that AITSL:

1. is a neutral facilitator only;
2. cannot and does not confirm the identity of persons uploading User Generated Content or their backgrounds or expertise;
3. is not liable for any loss or damage of any sort incurred as the result of any reliance by you on any of the Content (including User Generated Content) or other information on the AITSL Website;
4. does not guarantee that AITSL Websites will be error free or that the AITSL Websites or the server that operates it are free of Viruses or other harmful components and that you will conduct such virus scanning and other checks as may be necessary to ensure that any material you download will not corrupt in any way your data, software or systems or those of any other person;
5. makes no representation that your User Generated Content will appear or appear in the form uploaded by you on any AITSL Website;
6. has urged you to keep backup copies of material you have included on, or as part of, the material you have uploaded to any AITSL Website; and
7. has not provided any warranty or representation that any of the AITSL Websites:
   1. will not infringe or otherwise violate the rights (including intellectual property rights or moral rights (within the meaning ascribed to that term in section 189 Copyright Act 1968 (Cth) or any other similar or analogous rights arising under foreign law or legislation) (“Moral Rights”) of any person;
   2. will not constitute a misuse of any person's confidential information;
   3. will meet your requirements;
   4. do not contain any defects or Viruses;
   5. will be error free;
   6. contain no defects, faults or malfunction; or
   7. will be operative at all times.

AITSL reserves the right at any time, and for any reason, to revoke the authorisation to view, download, and print the materials available on any AITSL Websites; and such authorisation shall be deemed to be discontinued immediately upon the removal of these materials from any AITSL Website.

AITSL reserves the right to change any AITSL Websites (including any material, information or publications forming part of AITSL Websites) and these Terms at any time without notice.

You acknowledge and agree that any rights granted to you pursuant to these Terms constitute a licence and not a transfer of title. You do not obtain any ownership right, title, or other interest in Content by downloading, copying, or otherwise using any Content.

You acknowledge and agree that use of any AITSL Website including information on AITSL Site is at the user's risk and AITSL takes no responsibility for any inaccuracies, errors, omissions or defects.

You acknowledge and agree that AITSL will not be under any liability to you for any loss or damage (including direct, indirect, special or consequential loss or damage) however caused, whether by negligence or otherwise, that arises in any way from your use of or reliance on the Content or other material on AITSL Website or any website linked to, or by, any AITSL Website.

AITSL has assembled the material on AITSL Website from a variety of sources, including third party sources.

AITSL may use other web based service providers, including, without limitation, YouTube, to host, edit and display Content. To the extent that your use of the Website includes use of a third party service provider’s facilities (such as YouTube) you are (in addition to being bound by these Terms) bound by that service provider’s terms and you agree to comply with such service provider’s terms [http://www.youtube.com/static?template=terms].

Whilst AITSL has used reasonable efforts to check the accuracy of the information on AITSL Websites, or may have relied on other parties for the material and information on AITSL Websites, AITSL makes no representation or warranty that the Content of the Sites (including User Generated Content) is correct, current, complete or fit for any use whatsoever or that it complies with the laws of countries outside Australia.

No reliance should be made by you of any material, information or publication on the AITSL Websites and you are advised to make your own assessment before its use.

To the extent that AITSL provides in the AITSL Websites links to professional associations/organisations and information external to AITSL, AITSL does not accept responsibility for, or endorse the content or condition of, any linked site.

To the extent permitted by law, AITSL excludes all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information contained on AITSL Websites, howsoever caused.

If any law prohibits the exclusion of such liability, AITSL's liability is limited to the maximum extent permitted by law, and if it permitted at law, such liability is limited to the resupply of the information found on AITSL Websites.

The following provisions apply in relation to the posting of User Generated Content (including without limitation, feedback, video, illustration, text and comment):

1. in order to upload any User Generated Content consisting of a video,/illustration, text, or comment, a user must be an Authorised User with an valid account.
2. once User Generated Content has been uploaded, an AITSL moderator will review the User Content where applicable.
3. User Generated Content will be reviewed and either approved or rejected within a timely manner, as determined by AITSL.
4. If an item of User Generated Content is approved, it will be posted for public access on the respective AITSL Website and the uploader will be notified that their User Generated Content is live.
5. If the User Generated Content constitutes a video and it is approved, a frame from the video will automatically be selected for display on the respective site.
6. If an item of User Generated Content is rejected, the uploader will be notified that the User Generated Content has been rejected and will not be included on the Sites.

You acknowledge that the decision to approve, modify, edit or reject any item of User Generated Content (including any Feedback) submitted for uploading will be at the absolute discretion of AITSL and that AITSL's decision is final and not subject to any form of review or appeal.

You consent to AITSL, its employees, agents, assigns and licensees doing all things in relation to your User Generated Content which would, but for this consent, constitute a breach of your Moral Rights.

When accessing, browsing or viewing the AITSL Websites you accept and acknowledge that they contain material or information that is the subject of copyright or other legal rights.

Material and information available and published on the AITSL Website may:

1. for the period up to 31 December 2016, be accessed, viewed and reproduced by you for non- commercial educational purposes provided that you agree and acknowledge that copyright and any other intellectual property rights are retained by AITSL (or the relevant copyright holder) and a copyright notice in the form reproduced in clause 28 will appear on each page reproduced and an acknowledgement in the form of clause 29 will appear prominently on all reproductions;
2. not be used or distributed by you or any third party for any public or commercial purpose; and
3. not be used or reproduced such that it breaches copyright or any other legal right of AITSL or its licensors, including by amendment, adaptation or translation into any other form, dimension or media.

Copyright Notice 
© 2013 Australian Institute for Teaching and School Leadership Limited (AITSL) 
(except where the copyright in material appearing on the AITSL Websites is owned by a third party licensor in which a copyright notice in the form required by that licensor should be included in any reproduction as well as any acknowledgements required by such licensor).

Acknowledgement 
The Australian Institute for Teaching and School Leadership was formed to provide national leadership for the Commonwealth, State and Territory Governments in promoting excellence in the profession of teaching and school leadership with funding provided by the Australian Government.

If you are in doubt as to the use of material and information on the AITSL Websites, you may request permission to use the material and information from: 
Chief Executive Officer
Australian Institute for Teaching and School Leadership
P O Box 299
Collins Street West, VIC 8007
Email: [email protected]