1. Permitted use of Content, Resources & Tools
a. Unless otherwise indicated, The Fathering Project reserves all copyright in the content, resources, tools, information and design of the Portal and Planning Tool and is the owner or licensee of all Intellectual Property rights.
b. A registered and approved User may download content, resources and tools for the express purpose only of fulfilling the intent of their registration.
c. A User must make their own investigations to ensure the content, resources and tools are accurate and suitable for purpose before they rely upon it.
2. Prohibitions on use of Content, Resources, Tools and Information
a. Unless authorised and provided with a mechanism to do so by The Fathering Project, a User must not sell, lease, deal with the content and other resources or permit or cause others to do so other than in accordance with this Terms of Use.
b. A User must not reproduce any of the content, resources or tools unless authorised by The Fathering Project and must not reproduce or use any of the content, resources or tools for commercial benefit.
c. If a User wish to use part of or all content in their own materials then they are required to credit the content used to The Fathering Project.
d. The Portal and Planning Tool and all content, resources and tools must not be used in any manner that infringes The Fathering Project’s rights or the rights of a third party, or otherwise misuses or damages the Portal or Planning Tool or content, resources or tools.
e. A User agrees that they must not in relation to their use of the Portal or Planning Tool and the content, resources and tools:
i. data mine or conduct automated searches of the contents whether
through the use of additional software or otherwise;
ii. frame or mirror the Portal or Planning Tool;
iii. tamper with, hinder the operation of, or make unauthorised modifications to the Portal or Planning Tool or content, resources and tools;
iv. transmit or distribute any virus, trojan, worm, disabling feature, malware or other material which is malicious, technologically harmful or in breach of confidence to or via the Portal or Planning Tool;
v. commit, attempt, aid or encourage a criminal offence including but not limited to the breach of any laws;
vi. infringe upon the proprietary or personal rights of a third party;
vii. abuse, defame, harass, stalk, threaten, intimidate, discriminate or otherwise violate the legal rights of any person;
viii. advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the Portal or Planning Tool or the domains;
ix. modify or delete any author attributions, legal notices or proprietary designations or labels associated with the Content, Resources or Tools; x. use the Portal or Planning Tool to send commercial unsolicited bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth) or any other similar or related State or Commonwealth legislation; or violate the laws and regulations of any country, or any and all laws and regulations relating to rights of privacy as set forth in The Fathering Project’s Privacy Policy as well as laws and regulations relating to rights of publicity;
xi. use the content, resources or tools or post any material, comment, opinion or representation for any purpose or in any manner not
contemplated in these Terms of Use or in a manner which could damage the reputation of The Fathering Project, or the goodwill or other rights
enjoyed by The Fathering Project; or
xii. transfer, sublicense, rent, lease, sell or lend the content, resources or tools to a third party or for commercial sharing.
3. Portal & Planning Tool Account and Password
a. Accounts and passwords are individual to each approved User.
b. Users must have a Portal and/or Planning Tool account to access the content, resources and tools.
c. Users must keep all usernames and passwords to their account strictly confidential.
d. Users are expressly prohibited from sharing their account details with third parties, however they may access the Portal or Planning Tool from any location. e. The Fathering Project shall not be liable in any way whatsoever for the accidental disclosure by The Fathering Project or the unauthorised use by a third party of a User’s password.
4. Access to Portal & Planning Tool
a. The Fathering Project may:
i. suspend access or disconnect access to any part of the site or associated sites during any technical failure or maintenance period.
ii. choose at its sole discretion to block or deny any particular access subject to the terms of any registration.
iii. make improvements and or changes to the content, resources and tools at any time without notice. The Fathering Project does not warrant that the information architecture or navigation will not change at any time.
5. Warranties & Liabilities
a. Subject to consumer guarantees provided under Australian consumer protection law, The Fathering Project does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Portal, Planning Tool, content, resources, tools, communications or presentations provided under any form of registration.
b. Subject to any claims available under Australian consumer protection law, The Fathering Project and its officers, employees, contractors, volunteers and agents are not liable for any loss or damage, including, but not limited to, direct or indirect losses however suffered or sustained in connection with any inaccurate or incorrect information or direction in the content, tools, resources, Portal, Planning Tool, training sessions, Dads Talks, presentations or any other communications directly or indirectly provided by The Fathering Project.
6. Indemnity
a. Users indemnify, hold harmless and will defend The Fathering Project and its officers, employees, authorised representatives and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that The Fathering Project may incur or suffer as a direct or indirect result of any breach of these Terms of Use.
7. Governing Law & Jurisdiction
a. The Governing Law and Jurisdiction for these Terms & Conditions is the State of New South Wales, Australia.
8. Changes
a. At times The Fathering Project may need to make changes to better suit client needs and reserves the right to change:
i. any or all of these Terms of Use at any time throughout a users
registration and to issue amended Terms of Use through the site/s;
ii. program components or servicing with due notice given;
iii. any part of The Fathering Project Privacy Policy;
9. Defined Terms
Due Notice means prior to the change occurring or prior to renewal time.
Portal means the online tool/s which are wholly owned and operated by The Fathering Project.
Planning Tool means the Family Partnerships Planning Tool which is wholly owned and operated by The Fathering Project.
The Fathering Project means The Fathering Project PKH Pty Ltd and all brands, names and trademarks held or owned by The Fathering Project.
User means a contact who is provided with an account to access the Portal and/or Planning Tool.
For more information about The Fathering Project contact us on:
admin@thefatheringproject.org or call 1300 328 437.
