Terms of Use

 

COMPLIANCE


USERS OF THIS SITE MUST COMPLY WITH THESE TERMS OF USE AT ALL TIMES. YOU ACCEPT AND WILL COMPLY WITH (AND IF YOU ARE UNDER 18 YEARS OF AGE YOUR PARENT OR GUARDIAN ACCEPTS ON YOUR BEHALF AND WILL ENSURE YOU COMPLY WITH) THESE TERMS OF USE. IF YOU (OR YOUR PARENT OR GUARDIAN IN THE EVENT THAT YOU ARE UNDER 18 YEARS OF AGE) DO NOT ACCEPT THESE TERMS OF USE, THEN YOU MUST NOT USE THE SITE.

 

YOUR USE OF THIS SITE


This site at www.yaba.edu.au (‘Site’) is owned and operated by Constitution Education Fund Australia Pty Ltd as The Trustee for The Constitution Education Fund ABN 76 750 439 829 (‘CEFA’). CEFA may change these Terms of Use at any time and your continued use of this Site following any such change will be confirmation of your acceptance of the changes.


PRIVACY POLICY


The CEFA Privacy Policy is incorporated into and forms part of these Terms of Use.


OWNERSHIP OF MATERIAL ON THIS SITE


All material on this Site, including written material, pictures, graphics, music, videos, names and logos (‘Material’) and all intellectual property (including copyright) in the Material is owned and/or controlled by CEFA (unless specifically stated otherwise).


NAMES AND TRADE MARKS


The name ‘CEFA’ and ‘YABA’ are owned by CEFA and may not be used without the prior written permission of CEFA.


YABA TEACHERS


Certain teachers at each school will be approved by CEFA to process student’s membership applications and play other roles in relation to this Site (‘Yaba Teachers’). You can contact CEFA to find Yaba Teachers. Each student who becomes a Yaba Member will be linked to a Yaba Teacher. A student’s Yaba Teacher may be changed or reassigned at any time or a student may be linked to a Yaba administrator (an employee of CEFA) in certain circumstances.


HOW TO BECOME A YABA MEMBER


Anyone that is authorised by CEFA to use this Site is called a ‘Yaba Member’. Before you can use this Site, access the Material on this Site and submit User Materials to this Site, you must become a Yaba Member. To do this, you must:

  • • complete the Yaba Membership Form;
  • • if you are under 18 years of age, you must have your parent or guardian sign the completed Yaba Membership Form or if you are 18 years of age or over, you must sign it yourself;
  • • provide the signed completed Yaba Membership Form to your Yaba Teacher. Your Yaba Teacher will need to fax, scan and email, or post the completed Yaba Membership Form to CEFA.
  • When your application has been processed, your Yaba Teacher will confirm whether your membership has been accepted and confirm your user name and password.< br/> You cannot use another person’s membership details, user name or password and must immediately notify us of unauthorised use of your membership details, user name or password.


    USE BY YOU OF THIS SITE


    You must only use this Site in the manner set out in these Terms of Use or as specified on this Site. You may use this Site and view and access the Material on it only for your personal and non-commercial use. You must not copy, change, distribute, sell or use the Material in any way other than as expressly permitted on this Site or in writing by CEFA.


    USER MATERIALS


    Any material that is submitted to this Site including written materials, pictures, graphics, music, videos, comments and conversations is called ‘User Materials’. By submitting User Materials to this Site, you automatically grant to CEFA an irrevocable, non-exclusive, transferable right and licence to use the User Materials in any manner and in all media (whether now known or later devised) throughout the world in perpetuity, including for commercial purposes. If you have (or any other person has) any moral rights in the User Materials submitted by you, you agree (and have acquired agreement from any other person) to not assert moral rights and consent to CEFA using the User Materials in the manner set out in these Terms of Use. This includes the right to change, add to, delete from and make material alterations to the User Materials and use them without giving credit to you or any other person.


    RELEASE FORMS


    If people other than you appear in your User Material (‘Performers’) or contribute to or assist in making your User Material (‘Contributors’), you need to keep details of those Performers and Contributors and their roles and contributions. When you upload the User Materials to this Site you must provide the names and the roles of each Performer and Contributor to your User Material. If any Performers or Contributors are not registered users of this Site, you must obtain signed Yaba Release Forms which can be found here from each of them and submit them to CEFA at the same time as your User Material. You are solely responsible for ensuring all necessary Yaba Release Forms are signed and uploaded to Yaba and if you fail to do so, CEFA may take down your User Materials at any time.


    OTHER YABA MEMBER’S USER MATERIALS


    If you participate as a Performer in, or Contributor to, any other Yaba Member’s User Material, then that Yaba Member does not need to obtain a Yaba Release Form from you. For all User Material created by other Yaba Members in which you take part as a Performer or Contributor (or both), you automatically grant to CEFA the same rights as you grant to CEFA above in your own User Materials.


    COMMUNICATION FORUM


    This Site contains communication facilities which provide feedback by Yaba Members to CEFA, interaction between Yaba Members, interaction with Yaba Teachers, Yaba ambassadors and Yaba administrators and other forums to submit comments, opinions, messages, notices, information and other content to this Site (‘Communication Forum’). Any such materials which you submit to any Communication Forum are also referred to as ‘User Material'. User Material on this Site and in a Communication Forum does not necessarily reflect the views of CEFA, any Yaba Teacher or any other Yaba Member. CEFA is not responsible for any User Material on this Site or in any Communication Forum.


    MODERATOR


    Either a Teacher, CEFA or another person appointed by CEFA from time to time (‘Moderator’) may moderate all Communication Forums and User Materials submitted to this Site before it is released onto the Site to be viewed by other users. The Moderator will have the right to decide, in his or her sole opinion, whether or not your User Material is appropriate for use on this Site and you will comply with any decision made by the Moderator.


    YOUR RESPONSIBILITIES


    You are solely responsible for all User Material submitted by you to this Site. If you submit User Material, then: You promise that:

    • • you are the owner of the User Material (including any copyright in it) or have the irrevocable right and licence to use it in any manner throughout the world in perpetuity;
    • • you have the right to submit the User Material to CEFA in accordance with these Terms of Use;
    • • the User Material will not contravene any laws or infringe the rights of any person (including any law relating to copyright, passing-off, defamation, contempt of court, confidentiality or privacy).

    You promise that you will not submit anything which:

    • • is false or untrue, misleading or deceptive, threatening, harassing, bullying, abusive, offensive,discriminatory, sexually explicit, obscene, vexatious, hateful or discloses private or confidential information;
    • • belongs to someone else or is copied from someone or somewhere else;
    • • falsely states or misrepresents you are affiliated with a person or organisation;
    • • violates any law or advocates any illegal activity;
    • • advertises, endorses or promotes any goods or services;
    • • solicits money or donations from any person;
    • • contains a virus or corrupted data or uses any device, software or routine that interferes with or attempts to interfere with the proper functionality of this Site;
    • • is mean-spirited or unkind; or
    • • is about another person and harms that person’s reputation or makes people think less of him or her.


    INAPPROPRIATE MATERIAL IDENTIFIED BY CEFA


    CEFA has the right to edit, refuse to post and/or remove any User Materials that are contrary to the promises you have made under ‘Your Responsibilities’ described above or that are, in CEFA's sole opinion, in breach of these Terms of Use or inappropriate for this Site (particularly in light of the educational nature of this Site and age of the users of this Site). CEFA also has the right to fully co-operate with any legal order, direction or request to disclose the identity of, or other information relating to, anyone submitting User Materials to this Site which are claimed to contravene any law or infringe the rights of any person.


    INAPPROPRIATE MATERIAL IDENTIFIED BY YOU


    If at any time you believe that any Material or User Material is in breach of these Terms of Use, you may flag that Material or User Material and submit a brief outline of the reasons why you believe it to be in breach, so as to bring it to the attention of a Moderator. The flagged content may be reviewed by a Moderator who will determine in his or her sole opinion whether the Material or User Material is inappropriate for the Site and should be removed.


    LINKED SITES AND ADVERTISING


    If this Site contains any links to other websites, CEFA is not responsible for the content of the other websites or any links contained in those other websites. CEFA provides these links to you as a convenience only. If you access any other website, you do so entirely at your own risk.
    If this Site contains any advertisements, those advertisements are not recommendations or endorsements by CEFA and CEFA is not responsible for the products and/or services being advertised. You should refer to the relevant advertiser for all information regarding the advertiser and its products and/or services.


    DISCLAIMER AND LIMITATION OF LIABILITY


    CEFA does not promise: that the functions contained in any Material or Communications Forum or your access to this Site will be uninterrupted or error-free; that any defects will be corrected; or that this Site or the servers which stores and transmits Materials and User Materials to you are free of viruses or any other harmful components.

    CEFA does not make any promises or representations regarding your access to this Site or any Materials or User Material you obtain from this Site (including any related or linked websites) in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. Under no circumstances will CEFA be liable for any indirect, incidental, special or consequential loss or damage whatsoever resulting from your use of this Site or any Material or User Material (or any inability to use them).

    To the fullest extent permitted by law, CEFA excludes all guarantees and warranties (express and implied) of any kind. If any laws do not allow the exclusion or modification of certain guarantees and warranties they will not be excluded or modified.


    NON COMPLIANCE WITH THESE TERMS OF USE


    If you do not comply with these Terms of Use, CEFA may (in its sole discretion and without prior notice to you) terminate your membership of Yaba and your right to access and use this Site and the Material and to submit User Materials. You agree to indemnify CEFA and its officers, directors, agents and employees from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Use.


    CLASSIFICATION OF USER MATERIALS


    The User Materials should be exempt from classification under the National Classification Code as it only applies to films, computer games and certain publications. CEFA may is its sole discretion refuse to post or remove any User Materials if CEFA is of the view that those User Materials are required to be classified under the National Classification Code or any other applicable codes of practice.


    APPLICABLE LAW


    This Site is controlled by CEFA from its offices in New South Wales, Australia. These Terms of Use will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use which will continue in full force and effect. CEFA makes no representation that the Material on this Site is appropriate or available for use outside Australia. If you access this Site from locations outside Australia, you do so at your own initiative and risk and CEFA is not responsible for compliance with any laws outside Australia.


    COPYRIGHT NOTICE


    © Constitution Education Fund Australia Pty Ltd as The Trustee for The Constitution Education Fund ABN 76 750 439 829 2012 (except where otherwise indicated) (‘CEFA’). You may use, reproduce and communicate the ‘Materials’ for noncommercial educational purposes only and free of charge, provided that you acknowledge that the ‘Materials’ are owned by CEFA. In this copyright notice, ‘Materials’ do not include: (a) user generated content posted to or contributed to Yaba by any user; or (b) materials which this website indicates are owned by a third party and not by CEFA.