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Copyright

ACARA website copyright and terms of use

These terms of use apply to your use of the website. By using the website, you agree to be bound by these terms of use. If you do not agree to these terms of use, you must not use the website.

1. Acknowledgement

These copyright and terms of use have been adapted from a similar document published on the website of Education Services Australia Limited (ESA) and dated 14 March 2014. ACARA acknowledges ESA as the source of these copyright and terms of use.

2. Creative commons licence

© Australian Curriculum, Assessment and Reporting Authority (ACARA) 2009 to present, unless otherwise indicated. The copyright material published on this website is subject to the Copyright Act 1968 (Cth) and is owned by ACARA or, where indicated, by a party other than ACARA.

ACARA supports and encourages broad use of its material.

Unless indicated otherwise (including in section 3 below), copyright material available on this website is licensed under a Creative Commons Attribution 4.0 International (CC BY) licence (Creative Commons licence).

This licence allows you to:

  • share – copy and redistribute the material in any medium or format; and
  • adapt – remix, transform and build upon the material,

for any purpose, even commercially, provided you attribute ACARA as the source of the copyright material (see section 4 below).

3. Material not available under a Creative Commons licence

The Creative Commons licence does not apply to:

  • any logos, including the ACARA logo, the NAP logo, the Australian Curriculum logo, the My School logo, the Australian Government logo and the Education Services Australia Limited logo;
  • other trade mark protected material; and
  • the design of this website.

This material must not be used for any purpose.

In addition, the Creative Commons licence does not apply to material owned by third parties that has been reproduced with their permission. Permission will need to be obtained from third parties to re-use their material.

Some other material on this website may not be licensed under a CC BY licence and can only be used in accordance with the specific terms of use attached to that material. This applies, for example, to PDF reports or other documents which contain a more restrictive licence.

There are also other materials on this website that are licensed more restrictively (Excluded Materials). Excluded Materials comprise:

a. all photographs on this website;
b. all videos hosted on this website; and
c. all photographs in any reports, or other documents, published on this website.

You may view, download, display, print, reproduce (such as by making photocopies) and distribute these Excluded Materials in unaltered form only for your personal, non-commercial educational purposes or for the non-commercial educational purposes of your organisation, provided that you make others aware it can only be used for these purposes and attribute ACARA as the source of the Excluded Material in accordance with section 4 below. For the avoidance of doubt, this means that you cannot edit, modify or adapt any of these materials, and you cannot sub-license any of these materials to others. Apart from any uses permitted under the Copyright Act 1968 (Cth), and those explicitly granted above, all other rights are reserved by ACARA. If you want to use such material in a manner that is outside this restrictive licence, you must request permission from ACARA by emailing copyright@acara.edu.au.

Some videos may be hosted on external platforms such as YouTube. The licence terms on these external platforms govern your use of this material. For more information about linked material from third party websites see section 7 below.

4. Attributing ACARA

All ACARA material published on this website and covered by the Creative Commons licence is to be cited as follows:

“© Australian Curriculum, Assessment and Reporting Authority (ACARA) 2009 to present, unless otherwise indicated. This material was downloaded from the ACARA website (www.acara.edu.au) (Website) (accessed [insert date]) and [was][was not] modified. The material is licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). ACARA does not endorse any product that uses ACARA material or make any representations as to the quality of such products. Any product that uses material published on this website should not be taken to be affiliated with ACARA or have the sponsorship or approval of ACARA. It is up to each person to make their own assessment of the product."

5. No endorsement of products

ACARA does not endorse any product that uses material published on this website or make any representations as to the quality of such products. Any product that uses material published on this website should not be taken to be affiliated with ACARA or have the sponsorship or approval of ACARA. It is up to each person to make their own assessment of the product.

6. No licence fees collected by Copyright Agency Limited

ACARA has written to the Copyright Agency Limited (CAL) directing CAL not to collect fees on ACARA’s behalf. This means that schools, education bodies and other organisations are not charged fees for copying the materials on this website, unless material is owned by a third party, in which case permission will need to be obtained from the third party to re-use their material.

7. Linked material available on third party websites

The website may contain links to third party websites over which we have no control. Those links are provided for your convenience only and we are not responsible for their use, effect or content. You acknowledge and agree that the terms of use, including licence terms, set out on the third party’s website apply to the use which may be made of the materials on that third party’s website.

If this website contains links to your website and you have any objection to such linking, please contact ACARA by emailing to copyright@acara.edu.au.

Similarly, if you have any questions regarding use of material available on or through this website, please contact us by emailing to copyright@acara.edu.au.

8. Disclaimer

The materials available on this website are made available by ACARA as an information source only.

ACARA has compiled the material on this website in good faith and has endeavoured to ensure that all material is accurate and does not breach any entity’s rights at the time of its inclusion. However, the material may contain unintentional errors and is provided ‘as is’.

You acknowledge and agree that you will make your own enquiries to determine whether information you obtain through the website is current, complete and accurate before using it.

We do not warrant or guarantee:

a. that you will be able to use the website at any time; or
b. that your use of the website will be continuous, uninterrupted, secure or error-free.

We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.

If ACARA has inadvertently included materials belonging to any other party, please contact ACARA by emailing to copyright@acara.edu.au.

9. Liability

You acknowledge and agree that your access to, and use of, the website is at your own risk.

To the maximum extent lawful, ACARA:

a. excludes all warranties, representations, guarantees, conditions, rights, remedies, liabilities and any other terms that may be conferred or implied by statute, general law or custom, except any guarantee or right conferred under any legislation (including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), the exclusion of which would contravene legislation or cause any part of this clause to be void in respect of this website and the material contained on it; and

b. excludes all responsibility and liability for:

  • any loss or damage, however caused, resulting from your use or inability to use this website or the material contained on it; or
  • any incidental, special or consequential damages arising from the use or inability to use the website or the material contained on it.

Where liability cannot be lawfully excluded, the entire liability of ACARA and your exclusive remedy is resupply of the website or the material contained on it.

10. Security

To use the website or certain of its features as intended, you may be required to enable the website to use cookies and grant the website any other permissions and access to your device, as necessary. If you do not grant these permissions and this access, you may be unable to use the website or some of its features.

The website uses the internet to provide services and information. By using the website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your device.

We do not warrant or guarantee the security of the website. You are solely responsible for the security of your device (including any data stored on your device) and for using appropriate and up-to-date software on your device to detect and manage the threat posed by viruses and other harmful code.

11. Privacy

Where we collect personal information from you through this website, we will collect, use and store your personal information in accordance with these terms of use, ACARA’s Privacy Policy and applicable legislation. For more detailed information, refer to Part A of ACARA’s Privacy Policy (Online collection of personal information).

12. Enquiries and copyright permission form

Unless the material is made available under a Creative Commons BY licence or relevant terms/conditions of use allow modification or adaption, you must contact ACARA by emailing to copyright@acara.edu.au if you:

• intend to charge others for use or access to ACARA material from this website; or
• intend to publish a modified version of any ACARA material from this website.

Obtain ACARA’s copyright permission form.

If material indicates (either next to the item or in the ‘Acknowledgements’ section) that it may be owned by a third party, you may need to contact the third party to request permission to reproduce their material.

13. Variation of terms of use

ACARA may change, modify, add or remove any part of these terms of use; change, modify, add to, or remove, any material contained on the website or any other aspect of the website, without notice or liability. It is your responsibility to regularly check these terms of use to ensure you are familiar with their current form. Your continued use of the website constitutes your acceptance of any changes to the terms of use.

14. Other terms

Certain areas and features of this website contain terms and conditions specific to those areas and features. Such terms and conditions are in addition to these terms of use and prevail over these terms of use only to the extent it is not possible to construe these terms of use consistently with such other terms and conditions.

15. Governing law

These terms of use are governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts having appeal from them.

Last updated: September 2015