Terms & Conditions and Privacy Policy

Welcome to Arts Central Queensland.

The following Terms of Use outline the terms and conditions on which we offer you access to and use of the facilities and services on our website. These terms are to be used and accepted in conjunction with our Privacy Policy.

TERMS OF USE

1. PURPOSE

Our purpose is to provide a central place for creative professionals and the community to gather, learn and share the arts in Central Queensland. Our services are designed to nurture professional growth and economic opportunity for creative arts professionals in our region. We will achieve this by promoting and supporting professional arts practice, raising the profile of professional artists in our community, connecting local artists across a range of creative disciplines with one another for joint ventures, attracting project funding and increasing awareness of the value of the arts in Central Queensland and further afield.

2. USER AGREEMENT

2.1 This Agreement is between Arts Central Queensland Inc (“Arts Central Queensland”, “we”, “us”) and the website user (“You”).

2.2 The terms and conditions in this Agreement (“the Agreement”) apply to the use of this website located at www.artscqinc.org.au (“the Site”), your website account (“your Account”) and all associated online facilities and services connected to your Account (collectively “the Services”). When using this Site, you agree to be bound by this Agreement.

2.3 If you do not accept the terms and conditions in this Agreement, you must refrain from using the Site and its Services immediately.

2.4 The Agreement must be used and accepted in conjunction with the Privacy Policy, and any other applicable terms and conditions governing the use of the Site.

2.5 We reserve the right to amend this Agreement from time to time. Amendments will be effective immediately upon notification on the Site.

3. YOUR OBLIGATIONS

3.1 You can only use this Site if you are 14 years or over, with the exception of those under 14 years using content published on this Site to assist with student research projects.

3.2 You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you in your State, Territory or country of residence.

3.3 You are solely responsible for maintaining the confidentiality of your Account password and for all activities that happen under your Account. If you believe your Account has been compromised or misused, contact us immediately at accounts@artscqinc.org.au.

3.4 You agree, when using this Site, not to:

  • Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
  • Add content that is not intended for, or inaccurate for, a designated field;
  • Create a false identity on this Site;
  • Misrepresent your current or previous positions and qualifications;
  • Misrepresent your affiliations with a person or entity, past or present;
  • Misrepresent your identity, including but not limited to the use of profile images (pseudonyms are acceptable, where your correct identity has been provided to Arts Central Queensland;
  • Create a user profile for anyone other than yourself or your group/business (i.e. a real person or entity);
  • Misrepresent events posted on the Site’s Calendar facility;
  • Misrepresent items for sale on the Site’s Store facility.
  • Use or attempt to use another’s account;
  • Harass, abuse or harm another person.

3.5 You must take your own precautions to ensure that accessing this Site does not expose you to the risk of viruses, malicious computer codes or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website.

3.6 If an event you have submitted for publication on the Site’s Calendar facility has been changed, postponed or cancelled, you must notify Arts Central Queensland immediately in writing.

3.7 If an item you have submitted for sale on the Site’s Store facility has been changed, sold out or discontinued, you must notify
Arts Central Queensland immediately in writing.

3.8 You may connect to the Site with a third-party service (e.g. Facebook) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy.

4. DISCLAIMER AND LIMIT OF LIABILITY

4.1 We do not accept responsibility for any loss or damage, however caused, which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on or accessed through this Site.

4.2 Responsibility for the content of hyperlinks or advertisements appearing on this Site rests solely with the website operator of the hyperlink or the advertisers.

4.3 We make no warranty that the use of information contained in this Site will meet your requirements.

4.4 You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

5. COPYRIGHT

5.1 You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.

5.2 You can end this license for specific content by deleting such content from the Site, or generally by closing your account, except (a) to the extent you shared it with others as part of the Site and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

5.3 We reserve the right to edit and make formatting changes to your content (such as moderating language, translating it, modifying the size, layout or file type). We will not modify the meaning of your expression.

5.4 We reserve the right to refuse and/or remove content submitted for publication and/or already published on this Site at our sole discretion, with or without notice.

5.5 You promise to only provide information and content that you have the right to share, and that your Arts Central Queensland profile will be accurate and truthful in accordance with Section 3.4.

5.6 Users of this Site are authorised to view, copy, print and distribute the documents, pictures, related graphics and other materials published by Arts Central Queensland on this Site, provided that:

  • the use is for non-commercial purposes only, as outlined in Section 5.7.
  • the documents, pictures or related graphics available from this Site are not changed in any way; and
  • no graphics on this Site are used separate from any accompanying text.

5.7 Users of this Site may not reproduce or communicate any of its content, including files that are downloadable, without the permission of the artist/copyright owner, except for the purposes of:

  • review or criticism
  • research or study
  • news-reporting
  • judicial proceedings or professional legal advice
  • parody or satire

6. FEES AND TRANSACTIONS

6.1 All fees and amounts incurred by the user in relation to Arts Central Queensland membership and purchases through the Site’s Store facility will be payable upon completion of the transaction via the credit card payment facility on this Site.

6.2 This Site uses the third party platform ‘Stripe’ to process credit card payments. When you use this Site to make a purchase, you give permission for Arts Central Queensland to collect your personal information and provide it to Stripe. This personal information includes your payment card information, your email address, your mobile phone number, and billing and shipping address. Stripe will use this information as part of the payment processing process. Please refer to Stripe’s Privacy Policy for more information.

6.3 Provision and delivery of goods in reasonable condition and/or services as represented through this Site is the responsibility of the owner/seller /provider of such goods and/or services. Arts Central Queensland will not be held liable for any loss, damage, replacement costs, freight or postage and handling of goods and/or services acquired through this Site.

7. TERMINATION

Arts Central Queensland or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the services of this Site. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Users’ rights to further re-share content and information you shared through the Site to the extent copied or re-shared prior to termination;
  • Any amounts owed by either party prior to termination remain owed after termination.

7. COMPLAINTS AND DISPUTE RESOLUTION

7.1 If you have a complaint about this Site, or any content published within, please direct your concerns in writing to: Arts Central Queensland Inc, PO Box 69, Emu Park Qld 4710 or email complaints@artscqinc.org.au

7.2 If a dispute arises between you and Arts Central Queensland regarding this Site, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

7.3 If you have a dispute with one or more Site users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

8. GENERAL

8.1 We accept no liability for any failure to comply with this Agreement where such failure is due to circumstance beyond our reasonable control.

8.2 If we waive any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

8.3 If any of the terms and conditions in the Agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

8.4 This Agreement shall be construed according to the laws of the Commonwealth of Australia.

8.5 Any notice to be given to Arts Central Queensland under this Agreement shall be in writing and shall be delivered to Arts Central Queensland at the postal address shown on this Site.

PRIVACY POLICY

This Privacy Policy describes the information we collect about you and explains how we collect, hold, use and disclose that information. By using the Arts Central Queensland website, you accept the Privacy Policy as set out under the following headings:

  1. Collecting information about you
  2. Our use of ‘cookies’
  3. Our use and disclosure of your personal information
  4. How to access, correct or update your information
  5. Privacy tips
  6. If you have a problem
  7. Further information on privacy

Arts Central Queensland is committed to protecting your personal information. Our Privacy Policy is based on the Australian Privacy Principles issued on 12 March 2014 by the Office of the Australian Federal Privacy Commissioner, and any updates that occur within these Principles from time to time.

1. COLLECTING INFORMATION ABOUT YOU

The type and amount of information we collect about you depends on what you tell us about yourself (e.g. through our website registration and account facilities).
We use your personal information to keep in touch with you when necessary, for research purposes, or to improve our site and the services we offer you. We analyse the data for certain trends and statistics, such as which parts of our site users are visiting and how long they spend there. This information is compiled and analysed on an aggregated basis, and only shared with those who are assisting us to create content and services for our website. We do not give out information that would allow them to identify you personally.

2. OUR USE OF ‘COOKIES’

The Arts Central Queensland website uses ‘cookies’ to help us remember who you are. Cookies are small pieces of information that are stored by your browser on your computer’s hard drive for record-keeping purposes. Cookies help us tailor our site to your needs when you visit the website again.
Cookies do not personally identify users, but they do identify a user’s browsers. This helps us determine what is interesting and useful to our users, which allows us to keep improving our website.
Most web browsers are set to accept cookies, however, if you do not wish to receive any cookies you may set your browser to refuse them, although this means you may not be able to use certain features on our site and you may be required to re-enter your password more frequently during a session.

3. OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

Arts Central Queensland will not use or disclose any information about you without your consent unless legally required to do so or if we consider it necessary to:
• implement our Terms of Use;
• provide you with the service you have requested;
• protect the rights or property of Arts Central Queensland any user of Arts Central Queensland or any member of the public; or
• lessen or prevent a serious threat to a person’s life, health or safety.
Your information is stored on secure servers that are protected in controlled facilities. Arts Central Queensland will seek to take all reasonable steps to keep all personal information that you provide to us secure, accurate and up-to-date, as per our Terms of Use.
The confidentiality of all personal information about you held by Arts Central Queensland will be respected by all employees and contractors of Arts Central Queensland. If there is any unauthorised use of your account or any other breach of security, you must notify us immediately, however Arts Central Queensland does not accept responsibility for any consequences of the unauthorised access to your personal information.

4. HOW TO ACCESS, CORRECT OR UPDATE YOUR INFORMATION

If you would like to know exactly what personal information any part of our website is holding about you, you may request those details by emailing us at website@artscqinc.org.au. We will endeavour to provide you with the information within seven days.
If you want to correct or update your website account information, you can do this yourself via the Edit facility in your account profile page on the website. If you do not have a website account (e.g. you have subscribed for our e-newsletter only), please contact us by emailing website@artscqinc.org.au.

5. PRIVACY TIPS

  • You are responsible for the security of and access to your own computer.
  • Do not share your username and passwords with others.
  • Always close your browser upon leaving the website, especially if you share a computer with someone else or are using a computer in a public place.
  • The Arts Central Queensland website uses a third party payment facility (Stripe) for all fees and transactions. When you use this facility, you are subject to their Privacy Policy, which we do not control. We encourage you to read this document before you disclose your personal information via this facility.

6. IF YOU HAVE A PROBLEM

As one of our website users, you are very valuable to us and we will endeavour to take the utmost care to ensure you feel safe when using our site. If you have an inquiry or problem relating to this Privacy Policy or our Terms of Use, please email us at website@artscqinc.org.au. We will seek to address your concerns in the shortest possible time.

7. FUTHER INFORMATION ON PRIVACY

You can obtain further information about privacy in Australia and the protection of your personal information on the Australian Federal Privacy Commissioner’s website.
© Copyright Arts Central Queensland Inc 2017. All Rights Reserved.