Terms & Conditions

Welcome to the Toksave Pacific Gender Resource website

Your use of the Toksave Pacific Gender Resource www.toksavepacificgender.net (“the Toksave website”), operated by the Department of Pacific Affairs at the Australian National University (“the ANU”, “we”, “us” or “our”) is subject to these Terms and Conditions of Use. By accessing or using the Toksave website or by becoming a member, you agree to be bound by and to have accepted these Terms and Conditions of Use. These Terms and Conditions of Use expressly incorporate by reference and include the ANU Privacy Policy and any guidelines, policies or additional terms or disclaimers that may be posted and/or updated on the Toksave website.  These Terms and Conditions of Use are stipulated for the Toksave website by the Australian National University, as the legal authority of the Toksave website.

Accessing the Toksave Website

  1. In order to access some areas, and use some functions, of the Toksave website you must become a member. When you create an account with us as a member, you must provide us information that is accurate and current at all times. Failure to do so constitutes a breach of these Terms and Conditions of Use, which may result in termination of your membership account on the website.
  2. Membership registrations will be reviewed by a panel comprising a representative from the ANU, and two representatives from the Toksave Reference Group (the “Reference Group”) who will consider whether members have demonstrated suitable interest in, or relevant experience conducting, Pacific gender research. ANU will have responsibility for accepting membership applications based on the panel’s consideration.
  3. The Toksave website is a professional website and we require our members to use their real identity, using their real names, real photos, and accurate information about themselves. Please do not provide misleading information about your qualifications or work experience, affiliations, or achievements on the Toksave website.
  4. You are responsible for safeguarding the password that you use to access your membership account and for any activities or actions under your password. You agree not to disclose your password to any third party and must take reasonable steps to keep your password confidential and secure. You must notify us immediately upon becoming aware of or have reason to believe that there is any breach of security or unauthorised use of your password or account. We are in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security.

Using the Toksave Website

  1. The content comprised within the Toksave website includes text, graphics, photographs, illustrations, artwork, user interfaces, visual interfaces, names, logos, trademarks, service marks, videos, audios, images, software, applications, computer code, programs, and other information or material (collectively the Content) which is owned by us, its licensors or its content providers and protected by intellectual property laws. The Toksave website also includes Content which we own or control, as well as Content which is owned or controlled by other parties, which we licence from.
  2. You agree to use the Toksave website only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Toksave website by any person. This includes conduct which is unlawful or which may cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to the Toksave website.
  3. Except as otherwise expressly permitted under these Terms and Conditions of Use, or any relevant license or subscription agreement or authorization by us you must not:
    1. copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from Content, or services obtained from the Toksave website, without proper attribution of the resource material’s author/s and, where relevant, source; or
    2. sell, rent or license all or any part of the Content, or services obtained from the Toksave website.
  1. You must not:
    1. reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission; 
    2. engage in the systematic retrieval of Content from the Toksave website to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission;
    3. attempt to gain unauthorized access to any portion or feature of the Toksave website, any other systems or networks connected to the Toksave website or to any of our servers, or any of the services provided on, accessed from or distributed through the Toksave website;
    4. probe, scan or test the vulnerability of the Toksave website or any network connected to the Toksave website or breach or attempt to breach the security or authentication; or measures on the Toksave website or any network connected to the Toksave website; or
    5. post, upload or transmit via the Toksave website, any Content that contains a virus, spyware, or other harmful component.
  2. You must not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to:
    1. continuously and automatically search, scrape, extract, deep link or index any Content;
    2. harvest personal information from the Toksave website for purposes of sending unsolicited or unauthorized material; or 
    3. cause disruption to the working of the Toksave website or any other person’s use of the Toksave website.

Submission provided to us or posted on or through the Toksave website

  1. The Toksave website allows you to submit research resources, post to the discussion forum, comment on research resources and add event notifications to the event calendar. 
  2. Any research submissions submitted by you will be reviewed by a panel comprising a representative from the ANU and two representatives from the Reference Group to ensure it meets the criteria for portal publication. The ANU will have responsibility for accepting or declining the research submission based on the panel’s consideration. ANU reserves the right to refuse research submission of a research resource at its discretion, based on consideration of the Toksave website’s objectives.
  3. The ANU representative will moderate comments posted in relation to individual resource materials, posts to the discussion forum and event notification submissions.
  4. Any content, materials, comments, posts and research submissions on the Toksave website that are provided by members (“Submission”) are the responsibility of the person or people who made, posted, uploaded or submitted such Submissions. We do not claim ownership of any Submission that you or third parties provide to us or post, upload, input or submit on or through the Toksave website. You retain ownership of any intellectual property rights that you hold in your Submission.
  5. We are not responsible for the content, accuracy or compliance with relevant laws or regulations of any Submission that contains content that is not owned by us. However, by posting, uploading, inputting, providing or submitting (“Posting“) a Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable (including sublicense) license to publish, post, reformat, index, archive, make available, link to, and otherwise use such Submission in all forms and media (whether now known or later developed), in connection with the operation of the Toksave website. You shall not make any Submission anonymously, and you warrant and represent that any such Submission is original, and has been written by you, unless otherwise indicated (i.e. a research resource authored by another person). By Posting such a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.
  6. You must not use the Toksave website to post, upload or distribute any Submission:
    1. that violates copyright or other intellectual property rights or any third party rights;
    2. that are illegal, defamatory, obscene, libellous, offensive, scandalous, pornographic, hateful, abusive, or invasive of another’s privacy;
    3. which contains harmful, surreptitious code or other contaminants, including viruses, bugs, Trojan horses, spyware or adware;
    4. that constitutes or encourages conduct that would contravene any law;
    5. that promotes commercial interests, requests for money, advertising or promotions of any kind or solicitation to the other members to use any goods or services; or 
    6. false or misleading indications of origin or statements of fact.
  7. You or any other User of the Toksave website will be able to ‘report’ to the Toksave website moderator via the ‘Contact Us’ page any content, comments, posts posted on the Toksave website that that Users consider to contravene the Toksave website Discussion Forum Culture.
  8. ANU will review all content, resource, materials, comments, posts posted or uploaded on the forum on a regular basis and will delete, remove or edit any such content, resource, materials, comments, posts, opinions that do not comply with the Discussion Forum Culture.

Links

  1. The Toksave website may contain links to third-party websites or services that are not owned or controlled by ANU. ANU has no control over what is on those third-party web pages or in any third-party websites or services. We do not endorse and are not responsible or liable for any of content, practices, advertising, products, and other materials on or available from third-party websites. Your access to those third-party websites will be covered by terms between you and the operator of those pages. We advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Any transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of ANU. 
  2. We make no representation that the material on any third-party websites does not infringe the intellectual property rights or any other rights of any person. Neither is it an endorsement by us of that third party, their page or their products or services. We do not authorise the reproduction of material on third-party websites. If you have questions or concerns about those third-party pages or content, you should contact the relevant owner or operator of that page.

Take-down Requests

  1. You can request us to remove a resource Submission from Toksave website or report a copyright breach to the Toksave website moderator via our ‘Contact Us’ page with the following information included:
    1. Your first name and last name;
    2. A copy of the URL on the Toksave website of the Submission that you are referring to;
    3. Description of the research submission that you believe to infringe or breach copyright;
    4. Indication of whether you are the copyright owner; and
    5. The law, licence or contract which you claim is being breached and how it is being breached.
  2. Upon receipt of a request, ANU will promptly:
    1. Acknowledge the receipt of your request by return email.
    2. Seek to clarify the nature of the request if the details of the request are not described in full.
    3. Embargo the Submission so public access is temporarily restricted.
    4. Assess the validity of the request.
    5. Communicate the outcome of its assessment to you and the relevant parties.
  3. You acknowledge that any Take-Down Request submitted by you which does not include all the information required in order asses the validity of your request may not be considered by ANU.

Intellectual Property Rights

  1. All Content displayed on the Toksave website are the property of ANU and its licensors are protected by copyright, trade mark and other intellectual property laws. Any such Content may be displayed and printed solely for your personal, non-commercial use provided that any copyright notice on such a display or page is not removed.
  2. Save for the above, and unless expressly granted, ANU does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content incorporated into the Toksave website.

Limitation of Liability

  1. The information, Content and Submission contained in the Toksave website is presented for the purpose of providing access to Pacific gender research, stimulate new research and discussion, and encourage mutual learning and research among diverse Pacific researchers and advancing gender equality in the Pacific. While ANU has used all reasonable endeavours to ensure the information on the Toksave website is as accurate as possible, we do not provide any warranty or guarantee that the Submission or Content made accessible from or distributed through the Toksave website is accurate, complete, current, reliable, available, suitable, fit for purpose or for any use whatsoever. We do not make any warranties or representations as to the quality, non-infringement, operation or result obtained from the use of any Content or Submission provided on, accessible from or distributed through the Toksave website. We do not make any warranties or representations that the operation of the Toksave website will be uninterrupted or error-free or that the Content or Submission is free of errors or omissions. We do not endorse, support, or guarantee the truthfulness, accuracy or reliability of any Submission posted on the Toksave website or endorse any of the opinions expressed. No reliance should be made by a user of the Content or Submission accessed via this Toksave website. All users must rely on their own experience, knowledge and judgment in evaluating or applying any Content or Submission which remains their professional responsibility. The Toksave website is not a substitute for independent professional advice and you should obtain any appropriate professional advice relevant to your particular circumstances.
  2. To the maximum extent permitted by law, we exclude all liability for any loss, liability or damage of any kind including direct, incidental, consequential, indirect, special, punitive or exemplary damages or any corruption or loss of data, loss of business, interest, revenue or profit arising out of your access to, or use of, or inability to use or access the Toksave website or any loss resulting from any action taken or reliance made by anyone on any Submission or any information or material contained on the Toksave website.

Data Storage, Archive and Security

  1. The development and management of the Toksave website is coordinated by us. However, some interactions with the website may occur on systems under the control of third party business partners.
  2. ANU is responsible for the security of information while it is collected by, stored on or passing through the Toksave website (see the ANU Privacy Policy).
  3. We strive to protect any Submissions you provide through the Toksave website. We will use all reasonable endeavours to ensure that your Submissions are not compromised. However, we cannot guarantee that no harmful, surreptitious code or other contaminants, including viruses, bugs, Trojan horses, spyware or adware will enter the Toksave website. You should be aware of the risks associated with using the Toksave website.
  4. We recommend that you use appropriate and up-to-date firewall and anti-virus software to protect your computer systems.

Privacy

  1. Your privacy is important to us. Any personal information you may provide to ANU will be used only in accordance with the terms of our ANU Privacy Policy and in compliance with the Privacy Act 1988 (Cth). For more information about how we collect, hold, handle, use, disclose and protect your personal information, please see the ANU Privacy Policy. The ANU Privacy Policy also contains information about how you can:
    1. access or seek correction to your personal information;
    2. complain about a breach of an Australian Privacy Principle by ANU, and how ANU will handle the complaint.
  2. In order to participate in, and contribute to some functions of the Toksave website, you will be required to register and provide your title, name, country of residence, email address, password, and details of your relationship to the Pacific and your reason for joining Toksave. You may also provide links to your social media and networking accounts, including Facebook, LinkedIn, Twitter and Instagram.

General

  1. These Terms and Conditions of Use are governed by the laws of the Australian Capital Territory, Australia and you agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.
  2. You must not assign your rights or obligations under these Terms and Conditions of Use to anyone.
  3. You agree to comply with relevant laws and regulations that apply to your use of the Toksave website, Content or any Submission.
  4. If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions will continue in full force.
  5. We may revise these Terms and Conditions from time to time. If a revision is material, we will provide notice to users. The most recent version will appear on the Toksave website. Your continued use of the Toksave website following the posting of any changes will mean that you have accepted and agreed to the changes.
  6. Please contact us if you have any questions, problems or feedback regarding our site.

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