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Website Terms

These Terms and Conditions (Terms) are current as at 17 September 2021.

The Queensland Portrait Prize Limited ACN 608 851 243 trading as Brisbane Portrait Prize (we, us, our) provides you with access to its website at https://www.brisbaneportraitprize.org/ (Website) on these Terms and the Privacy Policy.

By accessing the Website you agree to comply with these Terms, the Privacy Policy, and any policies incorporated into these Terms. If you do not agree with any of the Terms, please do not access the Website.

1. Definition

In these Terms you, your or user is a reference to any person that uses the Website.

2. Updating the Terms

These Terms and the Privacy Policy may be updated from time to time. It is your responsibility to review these Terms and the Privacy Policy whenever you access the Website. If changes are made to these Terms or the Privacy Policy your continued use of the Website, after such changes are made, will signify your acceptance and agreement to be bound by the revised Terms and/or the Privacy Policy (as the case may be).

3. Use as a representative

If you are using the Website on behalf of a company or other entity, you acknowledge and agree that these Terms are binding on you and the entity you represent and you warrant that you are authorised to agree to these Terms on behalf of the company or other entity.

4. Use of the Website

You must use the Website in a responsible manner and in compliance with the law. You must ensure that the content you provide for use on the Website or an affiliated social media page does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party.

While using the Website you agree to refrain from any use of the Website which will have an adverse effect on the performance or function of the Website.

In using the Website you must not:

(a) provide misleading information to us, including misrepresenting your identity or affiliation with any other person or organisation;

(b) upload information that may contain viruses, trojans, worms, destructive programming routines that are intended to damage the Website; or

(c) conduct any crawling, scraping, indexing, framing, in-line linking or other methods of association with the Website, by any means, including accessing the Website by automated means (such as robots or spiders).

Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.

5. Links to third party websites

This Website may include links to other websites operated by third parties. These links are provided for your convenience. We do not guarantee that the links to the third party website will remain current, or that the links will be maintained.

The provision of links does not represent or signify that we endorse, approve, recommend or prefer the third party website or the content on the third party website. We have no responsibility for the content of the third party website and you use the third party website at your own risk.

Your access and use of third party websites is subject to the terms and conditions on those websites. You should exercise caution when visiting third party websites and check the terms and conditions of each website prior to use.

6. Technology

We may use technology, including “cookies”, to deliver, measure, and improve the Website. Cookies help us to analyse data about web page traffic and improve our Website in order to tailor it to user needs. We only use the information collected from cookies for statistical analysis purposes.

Cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, however most browsers allow for their settings to be modified to decline cookies, or provide you with a prompt each time a cookie is offered if you prefer. If you do not accept the cookies used on the Website, this may prevent you from taking full advantage of the Website and we may not be able to personalize or customise the Website content for you.

7. Social media

We may use social media, including Facebook, Instagram, LinkedIn and twitter. All content on our social media pages is subject to the terms of use of each social media provider. In accessing and interacting with our social media pages, you agree to be bound by the terms of use that apply to those pages.

8. Comments, opinions, posts and statements

You acknowledge that the comments, opinions, posts and statements available on our social media pages and made available on the Website are not endorsed by us and do not represent our views.

9. Intellectual property

All intellectual property rights in the content on the Website (including text, graphics, photographs including photographs of artwork, icons and software) is owned by us or lawfully used by us and is protected by law.

Unless permitted by law including the Copyright Act 1968 (Cth), you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any part of the Website or our content in the Website, or use the trade marks and logos on the Website without our prior written consent.

You grant us an an irrevocable, unconditional, perpetual, royalty free, non-exclusive, worldwide and transferable licence to exercise all intellectual property rights in the materials (excluding any entry) you make available via the Website and the right to sub-license this licence.

10. Disclaimer

The Website is provided on an “as is” and “as available” basis. 

We may modify or close the Website or any part of it at any time without any liability on our part.

Any use of the Website, including information that appears on the Website, is entirely at your own risk and discretion. You are solely responsible for any damage or loss that results from your use of the Website. 

To the fullest extent permitted by law, we disclaim all guarantees, warranties and representations regarding the Website, including without limitation:

(a) the accuracy, completeness or adequacy of any content on the Website;

(b) that the Website and its content is of an acceptable quality;

(c) that the Website and its content is fit for purpose or reliable;

(d) that the Website will be free of viruses or operate as intended;

(e) the security of the Website; and

(f) that your access to the Website will be reliable, uninterrupted or timely.

11. Liability

To the fullest extent permitted by law we exclude all implied warranties, terms and conditions and we are not liable for any damages, including monetary damages, damages to goodwill or reputation or damages which are consequential, indirect or special and which relate to your use of the Website or any inability you have to use the Website.  

12. Indemnity

You are liable for, and indemnify us from and against, all loss or damage (including legal costs on a solicitor and client basis) incurred or suffered by us however caused arising from any breach of these Terms by you, any breach of a warranty given by you under these Terms, any act, error, omission or negligence of you or your personnel or any person purporting to act on behalf of you, or any alleged or actual infringement of a third party’s intellectual property rights by you in connection with the Website.

Each indemnity contained in these Terms is a continuing obligation and constitutes a separate and independent obligation of you from your other obligations under these Terms.

It is not necessary for us to incur any expense or make any payment before enforcing or making a claim under an indemnity.

13. Breach of Terms

If you breach any of these Terms in any way, we may take any actions as deemed appropriate to deal with the breach, at our sole discretion, including:

(a) indefinitely suspending, blocking access to or terminating your access to the Website; and

(b) bringing court proceedings against you,

without providing any reason to you and without the liability to make any payment to you, whatsoever.

14. Events outside our control

If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) do or fail to do or due to events or circumstances beyond our reasonable control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, third party services providers such as PayPal ceasing to operate or being unable to provide the relevant services, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.

15. Severability

If any provision in these Terms is or becomes illegal, unenforceable or invalid in any jurisdiction, the Terms will be read down for the purpose of that jurisdiction if possible so as to be valid and enforceable, and otherwise will be severed to the extent of the invalidity or enforceability, without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.

16. Waiver

Any failure or delay by us to exercise a power or right under these Terms is not a waiver of that power or right and our exercise of a power or right does not prevent its future exercise or the exercise of any power or right.

17.  Governing law and jurisdiction

These Terms are governed by the law of Queensland and the laws of the Commonwealth of Australia which are in force in Queensland and each party agrees to submit to the non-exclusive jurisdiction of the Courts of Queensland and the relevant Federal courts and courts competent to hear appeals from these courts.

18. Contact us

If you have any questions about these Terms please contact us at info@brisbaneportraitprize.org