Conditions of Participation
To make a pledge as part of the TAKE2 Program you:
Organisations – businesses, community groups, educational institutions and local government
To make a pledge as part of the TAKE2 Program on behalf of an organisation, you:
Using the TAKE2 logo
Once you have registered your pledge, you may represent in your public communications that you are participating in the TAKE2 Pledge and (when available) you may apply to us for consent to use the TAKE2 logo in your public communications (including your website) for this purpose. If approved, we grant you a non-exclusive, revocable licence to use the TAKE2 name and logo for this purpose only. We may withdraw any permission to use the TAKE2 name and logo at any time in our absolute discretion, and upon notice of withdrawal you must immediately stop using the TAKE2 name and/or logo. You must use the TAKE2 name and logo in accordance with any conditions and instructions provided by us and must not falsely imply our sponsorship of you, affiliation with, endorsement or approval of you, except as specifically authorised by us.
By using the Website you acknowledge and agree to be bound by these Terms. If you do not agree to the Terms, you are not authorised to use the Website. These Terms include our Privacy Statement.
You have certain rights and remedies under the Australian Consumer Law that cannot be excluded or limited by these Terms and any clause that excludes or limits such liability will be read subject to the Australian Consumer Law.
1. User name and password
a) Other than as provided for in this clause 1, you agree to take all reasonable steps to ensure that your user name and password remains confidential.
b) For organisations, you may provide your user name and password to your authorised staff, solely for the purpose of accessing your user account to facilitate your participation in the TAKE2 Program.
c) You agree to notify us if you have reason to believe that your user name and password may have been disclosed, other than in accordance with these Terms.
d) You agree that by disclosing your password, you are allowing the recipient of the password to act as your agent and, as such, you are fully responsible and liable for all actions taken by that agent in connection with the Website, these Terms, or the TAKE2 Program generally.
2. Contents of Website
a) The Website contains information and calculators (Information) prepared in good faith and with all reasonable care. To the extent permitted by law including the Australian Consumer Law, we are not responsible for and disclaim all liability relating to your use of the Website, including any other site linked to the Website (Linked Site) and to the Information. To the extent permitted by law including the Australian Consumer Law, we make no warranty, express or implied:
i. concerning the suitability, reliability, availability, currency and accuracy of the Information contained on the Website or any Linked Site for any purpose; or
ii. that your access to the Information, Website or a Linked Site will be uninterrupted or error free, or that the Website or a Linked Site will be free from viruses.
b) To the extent permitted by law including the Australian Consumer Law, we are under no obligation to update the Information which you acknowledge is based on assumptions, market conditions and information available at the time of writing and subject to change.
c) You agree that the Information on the Website does not constitute advice and has been prepared for distribution over the internet, without taking into account your particular needs. You agree that your use of the Information is solely at your own risk. To the extent permitted by law including the Australian Consumer Law, you agree that your use of the Information is solely at your own risk and you release us from any claims that you might otherwise have against us relating to the Information on the Website and any Linked Sites. We recommend that you obtain your own independent advice before acting on any Information in the Website.
3. Linked Sites
a) The Website may contain links to, and content from, Linked Sites, including Facebook, Twitter and other partner websites. By accessing those Linked Sites, you agree to any terms of access or use imposed by those Linked Sites. Unless specified, the Linked Sites are not under our control and to the extent permitted by law including the Australian Consumer Law, we are not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site.
b) Links to Linked Sites are provided for convenience only. We do not, to the extent permitted by law including the Australian Consumer Law:
i. endorse any material on those Linked Sites;
ii. provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose of any other aspect of the material on those Linked Sites; or
iii. warrant that material on the Linked Sites will not infringe the intellectual property rights or other rights of any other person.
c) You acknowledge that we cannot and do not grant any permission, licence or authority to you in respect of the intellectual property rights in a Linked Site.
4. Your Content on the Website or Linked Sites
a) When contributing content to the Website or Linked Sites owned or published by us, or on our behalf (such as Facebook or Twitter) (User Content), please ensure that you:
i. protect your personal privacy and that of others by not including any additional personal information of either yourself or of others in your User Content, other than that which is specifically requested by us in order to make your pledge or for which you have the consent of the third parties (such as names, email addresses, private addresses, phone numbers or photographs);
ii. post material that is relevant to the issues, the subject matter of the Website or Linked Site;
iii. represent your own views and not impersonate or falsely represent any other person;
iv. do not abuse, harass or threaten others or use insulting, provocative, racist, sexist, homophobic, hateful, obscene or offensive language;
v. do not post defamatory or libellous comments;
vi. do not post User Content which you have copied from someone else or otherwise infringes the intellectual property rights of others;
vii. do not post multiple versions of the same view to the Website or Linked Site;
viii. do not post anything relating to any ongoing or pending criminal trial anywhere in the world; and
ix. do not advertise, solicit or promote commercial interests in your User Content. Any User Content containing information or opinion about products or services offered in support of pledges or the TAKE2 Program must be identified as advertisements.
b) We will remove any User Content, or ban users that post User Content, that we determine in our sole opinion violates these Terms or otherwise breaches this clause 4.
c) We may remove you or the name of your organisation from the Website and require you to stop using the TAKE2 name and logo if you do anything which brings TAKE2, your, our or the Victorian Government's reputation into disrepute and as a consequence, in our opinion, our continued association with you will or may be detrimental to our or the Victorian Government’s reputation or messages.
5. Intellectual property
a) In these Terms, Intellectual Property includes patents, know how, copyright, designs, semiconductor or circuit layout rights, trade marks, trade secrets, data, confidential information, business or company names and other proprietary rights or any right to registration of such rights.
b) You warrant to us that you have all necessary rights and consents (including any necessary consents to infringe moral rights) in relation to Intellectual Property in any User Content uploaded or posted by you to the Website or Linked Sites.
c) You retain ownership of all Intellectual Property in your User Content (subject to the rights of any third party).
d) Where you have identified User Content as ‘Confidential’ (Confidential User Content), you grant to us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free licence to de-identify and then use, reproduce, modify, adapt, sub-licence and communicate the Confidential User Content:
i. to enable us to deliver the TAKE2 Program;
ii. to enable us (or third parties) to perform statistical analysis relevant to the TAKE2 Program or our functions and objectives; and
iii. to enable us to report to government or other parties that support climate change and the environment.
e) Where you have not identified User Content as ‘Confidential’ (Public User Content), you grant to us and our sub-licensees a worldwide, irrevocable, non-exclusive, royalty-free, perpetual licence to use, reproduce, adapt, publish and distribute your Public User Content in any existing or future media for any purpose consistent with our general objectives, and in particular, to promote climate change and environmental issues, but not for any commercial purpose.
f) f. To the extent permitted by law including the Australian Consumer Law, we expressly disclaim any liability for any Losses, misuse or alteration of your Public User Content by any third-party, including our sub-licensees. In particular, we expressly disclaim any liability for any Losses or diminution of any Intellectual Property rights that you currently own or may be able to obtain in relation to any Public User Content.
6. Your use of Website content
a) Except for any User Content, we own the Intellectual Property in the content of the TAKE2 Website. The Website content (excluding images, photographs, branding and logos, including our, the Victorian Government and TAKE2 logos and content supplied by third parties) is licensed under a Creative Commons Attribution 4.0 Australia licence. In essence, you are free to copy, distribute and adapt the work, as long as you attribute the work and abide by the other licence terms. To view a copy of this licence, visit: http://creativecommons.org/licenses/by/4.0/
b) We grant you a worldwide, revocable, non-exclusive, royalty-free licence to use, reproduce, modify, publish, translate and distribute User Content for non-commercial purposes in relation to the promotion of climate change and environmental issues and not for any other purpose.
c) You may only use the TAKE2 name and logo with our express consent and in accordance with any conditions and instructions provided by us as specified in the Terms of Participation.
7. Links and Sharing
a) You may link the homepage of this Website to another website or 'share' the link to the homepage of this Website but in linking this Website or sharing the homepage link, you must not:
i. falsely imply our sponsorship of you, affiliation with, endorsement or approval of you; or
ii. display the information contained on this Website except in full screen format unless permission has been obtained from us.
b) You agree that we may at any time, in our absolute discretion, without liability to you and without notice, for any reason whatsoever, bar any link to this Website.
You warrant and agree that in using the Website, you:
a) will not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
b) will not tamper with another persons' access to the Website or commit unauthorised intrusion into any part of the Website, including computers, files, accounts, networks and equipment;
c) will not attempt to bypass the network firewall;
d) will not use any part of the Website for which you are not authorised, or devise ways to circumvent security in order to access part of the Website for which you are not authorised. This includes but is not limited to, scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access or not;
e) will not attempt to misuse the Website. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses, intentional invasion of privacy;
f) will not data mine or conduct automated searches of the Website;
g) will not frame or mirror the Website; and
h) will not include links to the Website (other than to the home page) from any other website except where the Website indicates that it is acceptable to do so.
a) When you access the Website, personal information provided by you is collected by us. If you have any questions in relation to the treatment of your personal information or would like access to your personal information, please refer to our Privacy Statement.
c) You agree that we may contact you to provide you with information or comments about your use of the Website, to seek further information from you in respect of your use of the Website or for any other purpose that is consistent with the purposes of the Website.
d) You agree that we may provide your personal information to other government agencies and organisations who are active supporters of the TAKE2 Program, who will treat your personal information in accordance with our Privacy Statement and these Terms.
10. Warranties and indemnity
a) You represent and warrant to us that your use of the Website will comply with these Terms, any directions published by us and all applicable laws and regulations.
b) You acknowledge that any breach of these warranties may cause us damage or loss and you indemnify and hold us, our employees, officers, agents, and contractors harmless from and against any claims, proceedings, actions, liabilities, costs, expense, loss or damage (Loss) suffered or incurred by any of those indemnified where such Loss was caused, directly or indirectly, by your access to and use of the Website or a Linked Site.
11. Liability and disclaimer
a) To the extent permitted by law, in no event will we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation:
i. damages for loss of data, use of data, profits, revenue, indirect or consequential Loss, incurred by or awarded against you or any other person arising out of or in any way connected with the use or performance of the Website or any Linked Site; or
ii. any Loss arising from death, personal injury or damage to property (including damage to your software, hardware or data) resulting directly or indirectly from your access to or use of the Information, the Website or any Linked Site.
b) You agree that any legal liability on our part will be reduced by the extent, if any, to which you have contributed to the Loss.
a) We reserve the right to amend, delete, add to, or otherwise revise any information or materials contained on the Website at any time on reasonable notice, including these Terms. It is your responsibility to monitor any such changes. Where we reasonably believe any changes will have a negative impact on you, we will use our reasonable endeavours to provide you with up to two weeks prior written notice. If you do not accept a change made by us, to the extent permitted by law including the Australian Consumer Law, your only remedy is to immediately cease accessing and using the Website.
b) You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
c) If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.
d) These Terms are governed by the laws of Victoria, Australia and you consent to the exclusive jurisdiction of the courts of Victoria, Australia.
e) These Terms terminate automatically if, for any reason, we cease to operate the Website. We may otherwise terminate these Terms at any time without notice.
f) You can withdraw from the TAKE2 Program at any time. If you wish to withdraw, please send an email through the Contact Us web form below, to inform us that you wish to withdraw and any reasons for your withdrawal. If you withdraw SV will discontinue all communications about the TAKE2 Program.