Brand Canberra Terms of Use

Overview

• All Assets are free to use as long as the full Terms of Use, licence rules, and usage instructions are followed.
• Use of Assets must benefit Canberra in some way.
• All assets must not be used past the Expiry date of the asset.

Terms of Use – Canberra Toolkit

1. Agreement

This is a legal agreement between you and the ACT Government and sets out the terms and conditions on which you may download and use any Asset from the Site.

The Site Owner warrants that it has the permission of the copyright owners of the Asset to grant you the licence to use the Asset in accordance with the Terms of Use.

For the avoidance of doubt, if you download an Asset in accordance with the Terms of Use as an authorised officer or agent for another person ("principal"), the licence granted, and restrictions and limitations set out below, apply to the principal as well as to you as a representative of the principal. Should you cease to be authorised to act on behalf of the principal, the principal will continue to be bound by the Terms of Use and may continue to use the Asset under this Agreement.

You warrant that you are authorised to accept the full Terms of Use of a licence to use any Asset. You hereby indemnify the Site Owner for any loss, claim, damage or action arising as a result of any breach of this licence committed by you, your employees or agent.

2. Grant of licence

The Site Owner grants to you a revocable, non-transferable and non-exclusive licence to use the Asset solely in line with the terms of use.

3. Scope of licence

The Asset may be used only for:

(a) promoting the Australian Capital Territory or Canberra as a place to live, work, study, visit, trade with and invest in; or
(b) promoting Canberran products or services

Assets may not be Used in any other way.

4. Limitation of licence

4.1. Defamatory, libelous, scandalous, misleading, pornographic or otherwise unlawful use of the Asset is prohibited.

4.2. The licence granted under this Agreement does not grant you any rights to use any logos or trademarks other than those available on this site.

4.3. You must:

(a) not disclose the Asset to any third party or permit a third party to Use an Asset without the prior written consent of the Site Owner., and
(b) take all reasonable steps to prevent the disclosure of the Asset to an unauthorised person or third party and/or the use of the Asset by an unauthorised person or third party.

4.4. You must not create more copies (electronically or otherwise) of the Asset than you reasonably require to use the asset for the purposes described in clause 3 of this Agreement, provided that you may securely store one additional digital copy of the Asset for backup purposes. Without limiting the foregoing, Assets must not be used:

(a) to create, establish or form any part of an online interactive stock photo library; or
(b) in relation to any business similar to or in competition with that operated by the Site Owner.

4.5. You must not alter, modify or adapt an Asset without the prior written consent of the Site Owner.

4.6. The license does not include a right assign, transfer, sublicense or re-sell, whether for financial gain or otherwise.

5. Warranties

5.1. To the extent permitted by law, the Site Owner excludes all warranties in respect of the Assets.

5.2. Without limiting clause 5.1, the Site Owner does not warrant:

(a) the accuracy, completeness, currency, quality or suitability for any purpose, of the Assets; or
(b) that the Assets will be compatible with any particular hardware or software, or Useable in any particular format.

5.3. To the extent permitted by law, the Site Owner will not be liable to you or any other person for any general, special, specific, direct, indirect, consequential, incidental or other damage or loss arising out of this Agreement or otherwise.

5.4. You warrant that you will not access, view, download or attempt to download an Asset, datafile, or other material from the Site which is in any way prohibited by or which breaches the laws of the jurisdiction in which you are currently situated and/or permanently reside and/or conduct business and/or intend to use the Asset.

6. Indemnities

6.1. You indemnify the Site Owner against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by the Site Owner as a result of:

(a) you or your employee’s or agent’s use of an Asset, data file, or other material contained on this site;
(b) you or your employee’s or agent’s failure to fulfil any obligations imposed on you by this Agreement; or
(c) any other matter arising out of this Agreement.

7. Applicable Law

7.1. Use of the Asset must be in compliance with all applicable laws, including, but not limited to, laws and regulations relating to copyright and moral rights.
7.2. You warrant that you will not breach any of the author's moral rights (see clause 8) in relation to the Asset as set out in this Agreement, whether or not in the course of reproducing in a material form, publishing, transmitting or exhibiting the Asset or otherwise.

8. Moral rights

8.1. It is acknowledged that the author of the Asset may have certain moral rights in the Asset in certain jurisdictions. In recognition of this, a credit line in the following form must appear adjacent to the Asset in respect of each use of the Asset: CREDIT: [INSERT NAME OF ASSET AUTHOR/CREATOR]

9. Applicable Law and Ownership of Assets

9.1. The Licence, and these Terms of Use, are governed by the laws of the Australian Capital Territory, Australia and each party hereby irrevocably submits to the non-exclusive jurisdiction of the Courts of Australian Capital Territory.

9.2. All rights to the Asset are owned by the Site Owner and/or its author and are protected by Commonwealth of Australia copyright laws, international treaty provisions and other applicable laws.

9.3. The Site Owner and the Asset's author retain all rights not expressly granted by this Agreement.

10. Termination

10.1. The licence contained in these Terms of Use will terminate automatically without notice from the Site Owner if you or your employees or agents, fail to comply with any provision of this Licence.

10.2. Upon termination, you and your employees and agents, must immediately:

(a) stop using the Asset, and
(b) delete the Asset and all copies of it from all magnetic media and destroy all other copies or, upon the request of the Site Owner, return all such copies to the Site Owner.

10.3. The Site Owner reserves the right to discontinue the use of any Asset for any reason and to elect to replace the Asset with an alternate Asset. Upon notice from the Site Owner of any discontinuance of a licence for a particular Asset, the licence to use the discontinued Asset contained in this Agreement will terminate and you agree not to use the Asset in the future in any manner or form whatsoever.

11. Definitions

In this Agreement:

“Asset” means any digital asset appearing in the Site.
“Person” includes an individual, company, firm, body corporate or incorporated association.
“Site” means this website, which runs on the Brandkit Platform (Service infrastructure)
“Site Owner” means the Australian Capital Territory, the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988 (Cth).
“You” means the company, organisation or person named as the registered users of this Site and “your” has a corresponding meaning.

Last updated 25 November 2024