Know Your Noise Terms and Conditions of Use
These Terms of Use relate to the Know Your Noise website at knowyournoise.nal.gov.au
By accessing or using this website, You are acknowledging that You have read, understood and agree to be bound by these Terms of Use.
Definitions
1. In these Terms of Use, unless the context indicates otherwise:
Data means all data, text, images, and/or information provided by Us on our website located at knowyournoise.nal.gov.au but not including Our logos and Our domain name.
Intellectual Property means all intellectual property rights (whether statutory or otherwise), including, but not limited to, the following rights, whether or not such rights are registered or capable of being registered:
(a) patents, copyright, rights in circuit layouts, designs, trade marks (including goodwill in those marks) and domain names;
(b) any application or right to apply for registration of any of the rights referred to in paragraph (a); and
(c) all rights of a similar nature to any of the rights in paragraphs (a) and (b) which may subsist in Australia or elsewhere.
Loss means any loss, damage, cost or expense (to any person or property) including consequential or indirect loss or any profits, data or revenue.
NAL means National Acoustic Laboratories (research division of Australian Hearing Services ABN 80 308 797 003)
Our, Us and We means Australian Hearing Services ABN 80 308 797 003, a Commonwealth Government Entity, operating through its research division, the National Acoustic Laboratories
Personal Information has the same meaning as in the Privacy Act 1988 (Cth) as amended.
Product means any goods, publications, materials and Software made available by Us on this website.
Related Material means the printed materials provided and intended for use in conjunction with Software.
Software means any Product or part of a Product that is a computer program, together with any accompanying data.
website means knowyournoise.nal.gov.au
work means all data, text, images, and/or information provided by Us on our website but not including Our logos and Our domain name.
You and Your means the user of this website.
Terms and Conditions of Use of Our Website
2. You acknowledge that you have read, understood and agreed to be bound by Our Website Terms and Conditions of Use located at knowyournoise.nal.gov.au
Lawful Purposes
3. You agree to use this 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 this website by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to this website.
4. You must not post or transmit via this website any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.
Disclaimer
5. This website is presented by Us for the purpose of disseminating information free of charge for the benefit of the public. This website is not a substitute for independent professional advice. Nothing contained in this website is intended to be used as medical advice and it is not intended to be used to diagnose, treat, cure or prevent any disease, nor should it be used for therapeutic purposes or as a substitute for Your own or any health professional's advice. We do not accept any liability for any injury, Loss or damage incurred by use of or reliance on the information obtained on or through this website.
6. We make every effort to ensure the quality of the data available on this website and update the data regularly. Before relying on the data on this website, however, You should carefully evaluate its accuracy, currency, completeness and relevance for Your purposes, and should obtain any appropriate professional advice relevant to Your particular circumstances. We cannot guarantee and assume no legal liability or responsibility for the accuracy, currency or completeness of the data.
7. We make every effort to ensure that this site is secure. However, You should be aware that the World Wide Web is an insecure public network that gives rise to a potential risk that Your transactions are being viewed, intercepted or modified by third parties or that files which You download may contain computer viruses or other defects.
8. We accept no liability for any interference with or damage to Your computer system, software or data occurring in connection with this website. You are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this website is free of viruses or other forms of interference or contamination that may interfere with or damage Your computer system, software or data. We recommend that You use appropriate and up-to-date firewall and anti-virus software to protect Your computer systems.
Links to External Websites
9. This website may contain links to other websites which are external to Us. We take reasonable care in selecting linking websites. It is Your responsibility to make Your own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites. Linkage to external websites does not constitute an endorsement or a recommendation of any third party products or services offered by, from or through, those sites. If You use a link provided by this website, You are responsible for being aware of which organisation is hosting the site You visit. Views or recommendations provided in linked sites do not necessarily reflect Our views or recommendations.
Providing data and Your Personal Information to Us
10. You may wish to contribute your results for inclusion in the Know Your Noise research database.
11. If You agree to contribute your results to the Know Your Noise research database, You will agree to :
i. provide Your data to Us free of charge and without conditions
ii. provide us with accurate information for inclusion in the Know Your Noise research database
iii. accept the Australian Hearing Privacy Policy found at https://hearing.com.au/Corporate/Privacy-Policy
Licence Conditions for Data on Our website
12. The data on our website is provided by Us to You subject to the following terms and conditions (Licence Conditions).
13. By accessing our website, You are indicating Your acceptance to the Licence Conditions.
14. The following rights are not affected by the Licence:
(a) Your fair dealing or fair use rights or other applicable copyright exceptions and limitations;
(b) The author’s (Our) moral rights
(c) Rights other persons may have either in the work itself or in how the work is used
15. You agree not to infringe Our moral rights and We reserve the right to seek redress if a derivative work represents offensive, obscene or derogatory treatment of Our work.
16. You may not assign any of Your rights under the Licence Conditions, and You agree to use reasonable efforts to protect the data from unauthorised use.
17. You acknowledge that We may novate or assign any of our rights under the Licence to any other person without Your consent.
18. The Licence will terminate automatically without notice if You fail to comply with any of the Licence Conditions and do not remedy the failure to Our satisfaction within a reasonable time of receipt of notification. You agree to notify Us immediately in the event You become aware of any failure to comply with these Licence Conditions.
19. All Intellectual Property in the data remains Our property. We warrant that We have the authority to deal with the Intellectual Property in the data in the manner provided for in these Licence Conditions.
Release and Indemnity
20. To the extent permitted at law, You release Us and Our employees and agents in respect of all liability for Loss, damage or injury which may be suffered by You arising from Your use of this website.
21. You agree to indemnify Us and Our employees and agents in respect of all Loss arising out of a negligent or unlawful act or omission in Your use of this website.
Privacy and Your Personal Information
22. Your personal information will be kept confidential and used for the purposes disclosed in our Privacy Policy and under the Australian Hearing Services Act 1991 (as amended). We will not use your personal information for any other purpose, or disclose it, without your consent.
23. Your personal information may be collected for the purposes of adding your results to the Know Your Noise database and may also be used to email your results to You unless you advise us otherwise.
24. You acknowledge that Our Privacy Policy contains information about how individuals may access their personal information that is held by Us and seek correction of such information if required. You also acknowledge that Our Privacy Policy provides details about how individuals may complain about a breach of the Australian Privacy Principles (APPs) and how We will deal with such a complaint.
25. For more information on how We protect Your personal information please refer to our Privacy Policy at www.hearing.com.au/privacy-policy
General
26. These Terms of Use (including the Licence Conditions) are governed by the laws of the State of New South Wales, Australia, and You agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales.
27. If any of these Terms of Use (including the Licence Conditions) are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.
28. We may revise these Terms of Use (including the Licence Conditions) from time to time. Please check this website.
29. Please contact knowyournoise@nal.gov.au if You have any questions, problems or feedback regarding this website.