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| (1) |
Customer Acknowledgement & Acceptance
of Terms- |
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The following are the terms and conditions upon which your
access to ailcd.com.au, ailcd.com, thinkingstore.com,
edu-talk.com (collectively the “Website”
or “Site”) is governed and upon
which Australian Institute of Learning & Cognitive Development
Pty Ltd (“AILCD”) provides the
Website. |
| (a) |
The services that AILCD, associated companies, and third
parties provide to you (collectively, the “Services”)
including this Web site (the “Site”) and all information,
documents, communications, files, text, graphics, software,
and products available through the Site (collectively, the "Materials")
are subject to the following Terms of Use set forth in this
document and any changes to this document that AILCD may publish
from time to time (collectively, the “Terms of Use”).
These Terms of Use include AILCD’s Privacy Statement (accessible
from the link at the bottom of the Site) and AILCD’s Disclaimer
(accessible from the link at the bottom of the Site), each of
which must be read in conjunction with the others as they collectively
make up AILCD’s “Terms of Use”. We reserve
the right to update these Terms of Use without notice to you.
The most current version of our Terms of Use can be viewed by
clicking on the “Terms of use” link at the bottom
of our web pages. |
| (b) |
By accessing or using this Site in any way, including, without
limitation, use of any of the Services, downloading of any Materials,
or merely browsing the Site, you agree to and are bound by the
Terms of Use and its amendments. Your continued use of
the Site, or any Materials or Services accessible through it,
after such notice of amendments has been posted constitutes
your acceptance of the changes. Your use of the Site will be
subject to the most current version of the Terms of Use, rules,
and guidelines posted on the Site at the time of such use. You
should periodically check the "Terms of Use" link
on the Site's home page to view the then-current terms. If you
breach any of the Terms of Use, your authorization to use this
Site automatically terminates, and any Materials downloaded
or printed from the Site in violation of the Terms of Use must
be immediately destroyed |
| (2) |
General The materials and information
on the Website has been prepared by AILCD in good faith from
sources believed to be accurate at the time of publication.
AILCD does not warrant the accuracy of the materials and information.
Users rely on the information at their own risk.
AILCD is not liable to you or any other user of the Website
for any loss or damage to you that arises in connection with
the use of it or any website to which a link is provided from
it.
The material on the Website is subject to the intellectual
property rights of AILCD or its licensors. You should read
the specific provisions in relation to copyright and trademarks
below.
These terms and conditions are subject to change and review
without notice. You agree to be bound by these terms and conditions
and any revisions or changes to them that may be made from
time to time in the future.
The Website is published from the state of New
South Wales, Australia. The Website
has been produced with the laws of NSW in mind. AILCD does
not guarantee that the contents of the Website will comply
with laws of any other jurisdiction. As such, you agree that
your use of the Website is subject to the laws of NSW and
any dispute or action in relation to the Website will be brought
by you in the Courts of NSW.
If any provision of this Agreement or part thereof is
held by a court of competent jurisdiction to be unlawful or
unenforceable or in conflict with any rule of law, statute,
ordinance or regulation, the validity and enforceability of
the remaining provisions or parts thereof will not be affected.
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| (3) |
Personal & Non-commercial Use Limitation
All our online eCommerce clients are welcome to
use all our materials and items for sale for personal use
provided you do not modify, copy, change or remove any part
of the materials from how it appears on this site (including
any copyright notices). However, since all the products,
services and materials on this site are protected by copyright,
trademark, patent and other intellectual property laws, AILCD
asks all those with commercial or professional interest to
gain the appropriate authority if there is a desire to use
the materials in a commercial or professional context.
AILCD and its suppliers do not grant any express or implied
right to use any of these products commercially or professionally
except with proper and appropriate permission. AILCD
welcomes commercial, organisational and professional enquiries
for the use of our products. However if appropriate
arrangements are not made to use the products and materials
on a professional or commercial basis, any breaches
of copyright or any other intellectual property laws will
be prosecuted to the full extent of the relevant laws.
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| (4) |
Notice specific to Software available on this web
site:
Software is made available on this Site to
our clients who first agree to the Software Licence Terms
and are prepared to operate the software in accordance with
the Software Licence Agreement. If the Software Licence
Agreement is broken, criminal penalties will apply and violators
will be prosecuted to the maximum extent of the law.
This Software is for personal use only and therefore the
end user is not given permission to reproduce or redistribute
this software privately or commercially. Third party
software sold from this Site may contain additional copyright
and Licence Agreement conditions of the manufacturer and Users
agree to abide by these.
Warranty: AILCD only provides
warranty in regards to merchantability, fitness for purpose
and misleading statements and advertising according to the
latest copy of our Warranty and Refund Policy found on this
Site.
Limitations of Warranty:
AILCD cannot warrant the outcome and use of the product as
that is dependent upon individuals following instructions
and comprehending procedures relating to the use of the Software.
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| (5) |
Notice specific to Documents, Information & Services
available on this web site
AILCD welcomes the professional use of white
papers, press releases and research papers marked specifically
for public release. These may be used under the condition
that both permission notices and the copyright notices appear
on the document unmodified and that all such uses constitute
Fair Dealing as defined under the Copyright Act (1968 and
amendments). If any professional person or commercial
entity uses such documentation without the appropriate acknowledgement
as requested above, the publication will be considered a breach
of copyright.
Documents specified above do not include the design or
layout of this Web Site or any other Web Site owned, operated,
licensed or controlled by AILCD. Elements of AILCD’s
Web sites are protected by trade dress, trademark, unfair
competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image or part
thereof from any AILCD Web site may be copied or retransmitted
unless expressly permitted by AILCD.
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| (a) |
Warranty Information
Any information contained in the documents
and products on this website must not be relied on as the
sole source of information or solution for any problem, learning
difficulty, behavioural disorder, or medical condition.
In all cases, it is the User’s sole responsibility to
contact a qualified practitioner to gain express and specific
advice for his/her problem or needs. The materials found
on this website are purely a guide and a resource for individuals
and groups wishing to seek personal cognitive and educational
improvement and are used at the personal choice and discretion
of the user. For this reason, AILCD does not accept liability
for the outcomes related to the use of our products or services
or third party products and services as the outcomes related
to information or advice given is dependant on how the
individual applies or uses that advice or information.
All accepted warranties for our products and services
are found in our Warranties and Refund Policy document on
this site.
The documents and related graphics published on the services
could include technical inaccuracies or typographical errors.
Changes are periodically added to the information herein.
AILCD and/or its respective suppliers may make improvements
and/or changes in the product(s) and/or the program(s) described
herein at any time without notice.
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| (6) |
Warranties and Disclaimers-
The materials and information on this website
have been prepared by AILCD in good faith from sources believed
to be reliable and accurate at the time of preparation. AILCD
has used its best endeavours to ensure that the materials
and information are correct and current at the time of publication
and that the material and information are free from computer
viruses or other defects.
However, to the extent permitted by law, AILCD takes no
responsibility for any errors or omissions or any direct,
indirect, special or consequential losses or damages which
may arise from the use of or reliance on the material on the
Website. Where permitted by law, liability of any kind, including
AILCD’s own negligence, is disclaimed. In the event
such a disclaimer is not permitted, AILCD’s liability
is limited to the correction of any error on the Website.
Under no circumstances will AILCD be liable for any exemplary,
punitive, special, indirect or consequential damage.
AILCD does not assume liability for any products or services
advertised or reviewed on the Website. AILCD makes no representations
as to any fitness for purpose, merchantability, quality or
availability of third party products advertised or on which
information is provided. You should make your own enquiries
with the various suppliers and manufacturers and rely on your
own judgement.
The Website is available internationally and may contain
references to products and services not available in all countries.
Reference to a particular product or service does not imply
AILCD will make such products or services available in all
countries.
AILCD is not a medical organisation, and does not provide
medical advice or diagnosis. Although AILCD provides therapeutic
strategies, nothing on the Website should be construed as
advice or diagnosis. The materials, information and reports
generated by AILCD should not be interpreted as a substitute
for medical consultation, evaluation, or treatment by a qualified
doctor. The Website is intended only for the use of healthy
adults.
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| (7) |
International users
(a) This Site can be accessed from
countries around the world and may contain references to AILCD
products, services, and programs that are not available in your
country. These references do not imply that AILCD intends
to announce such products, services, or programs in your country.
However, if you are interested in our products and services,
AILCD welcomes your communication and we will determine with
you what services or products we are able to effectively supply
you.
(b) The Site is controlled, operated,
and administered by AILCD from its offices within Australia.
AILCD makes no representation that the Site, or the Services
or Materials available through it, are appropriate or available
for use at other locations outside Australia, and access to
the Site from territories where the Site or any of its Services
or Materials are illegal is prohibited. If you access the Site
from a location outside Australia, you are responsible for compliance
with all local laws. AILCD adheres to all export control laws
as specified and amended by the Australian Federal Government.
For further information see: http://www.dfat.gov.au
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| (8) |
Limitation of Liability AILCD , its
subsidiaries, affiliates, agents, officers, directors, employees,
partners, suppliers or assigns hold themselves free from liability
to you or any third party for any special, punitive, incidental,
indirect, or consequential damages of any kind that may cause
you or any third party to experience the loss of: use, data,
profits or damage to your software or hardware as a result
of accessing our website, accessing third party websites through
recommended links, using our software or accessing or using
third party software. Liability is also limited from
issues arising out of or in connection with the use of or
the inability to use this site, its services, or materials,
the statements or actions of any third party on or through
the site, any dealings with vendors or other third parties,
any unauthorized access to or alteration of your transmissions
or data, any information that is sent or received or not sent
or received, any failure to store or loss of data, files,
or other content, any services available through the site
that are delayed or interrupted, or any web site referenced
or linked to from this site.
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| (9) |
No Unlawful or Prohibited Use
(a) As a condition of your use of the Site, you will
not use the Site, its contents, products or services for any
purpose that is unlawful or that is prohibited by these terms,
conditions, and notices. You may not use the Services in any
manner that could damage, disable, overburden, or impair any
of the Services or any server or network(s) connected to, or
a part of, the Services, or interfere with any other party's
use and enjoyment of any Services. You may not create
a false identity or attempt to gain unauthorized access to any
Services, other accounts, computer systems or networks connected
to any of the Services or related servers, through hacking,
password mining or any other means. You may not obtain or attempt
to obtain any materials or information through any means not
intentionally made available through the Services.
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| (10) |
Use of Services
Use and protection of account number and password
AILCD makes you responsible for maintaining
the confidentiality of your account number, account name,
and/or password, if applicable. You are responsible for damages
resulting from all uses of your account number, account name,
and/or password, whether actually or expressly authorized
by you, unless access to your account number, account name,
and/or password was obtained through no fault or negligence
of your own.
Our services may from time to time contain e-mail services,
bulletin board services, chat areas, news groups, forums,
communities, calendars, photo albums, file cabinets and/or
other message or communication facilities designed to enable
you to communicate with others (each a "Communication
Service" and collectively "Communication Services").
If these services are provided, you agree to use the Communication
Services only to post, send and receive messages and material
that are proper and, when applicable, related to the intent
of the particular Communication Service. As an example, and
not as a limitation, you agree that when using the Communication
Services, you will not:
Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or
otherwise).
Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity)
of others.
Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or unlawful
topic, name, material or information.
Upload, or otherwise make available, files that contain
images, photographs, software or other material protected
by intellectual property laws, including, by way of example,
and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own or control
the rights thereto or have received all necessary consent
to do the same.
Use any material or information, including images or
photographs, which are made available through the Services
in any manner that infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Services
specifically allows such messages.
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be
legally reproduced, displayed, performed, and/or distributed
in such manner.
Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source
of software or other material contained in a file that is
uploaded.
Restrict or inhibit any other user from using and enjoying
the Communication Services.
Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others,
including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading
others.
Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of users
of the Services or other user or usage information or any
portion thereof.
AILCD while not continually monitoring our communication
sites that may from time to time be offered as a service
on this site, reserve the right to remove any communication
that does not conform to the above conditions for the use
of the service. AILCD reserves the right to disclose
any information that is required to satisfy any applicable
laws, regulations, legal process or government request.
AILCD also has the right to terminate access to secured
sites if the client does not conform to the rules of the
site and or government regulation.
AILCD advises all clients who participate on public
communication services, through the internet, to be careful
about giving personal identity and personal information
to unsecured sites. AILCD will not be held liable
for any damages experienced through the release of such
private information.
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| (11) |
Personal information and Privacy AILCD
values and protects your personal information and privacy
in accordance with the National Privacy Principles as specified
in the Privacy Amendment (Private Sector) Act (2000).
These principles have been summarized here as follows:
1. Collection
1.1 AILCD will only collect,
by lawful and fair means, personal information that is required
in order to provide its Services. When collecting such
information, AILCD will provide you with the required notices
concerning the collecting organization, your ability to access
the information, the reasons for collecting such information,
the organizations to which we disclose the information, any
law requiring collection of the information, and any consequences
(if any) for the ind+ividual if all or part of the information
is not provided.
2.Use and disclosure
2.1 AILCD will only use or disclose
personal information for the Primary Purpose of collection
unless: 2.1.1 The secondary purpose is clearly
related to the primary purpose of collection and the individual
would reasonably expect AILCD to use or disclose the information
forthe secondary purpose. 2.1.2
The individual has consented to the use or disclosure
2.1.3 The information is not sensitive
information and is being used for the secondary purpose of direct
marketing without disclosure or identity of the person and therefore:
2.13.1. It is impracticable
for AILCD to seek the individual’s consent before that
particular use; and 2.1.3.2. AILCD
will not charge the individual for giving effect to a request
by the individual to the organization not to receive direct
marketing 2.1.3.3 The individual has not made
a request to AILCD not to receive direct marketing communications;
and 2.1.3.4. In each direct marketing communication
by AILCD with the individual, 2.3.4.5. Each written
direct marketing communication by AILCD with the individual
will include AILCD’s business address, telephone number,
fax and email address.
2.1.4. If the information is health information and the
use or disclosure is necessary for research, or the compilation
or analysis of statistics, relevant to public health or public
safety: It is impracticable for AILCD to seek the
individual’s consent before use or disclosure; and
2.1.4.1 It is impracticable for AILCD to seek the individual’s
consent before use or disclosure; and
2.1.4.2. The use or disclosure is conducted in accordance
with guidelines approved by the Commissioner under section
95A for the purposes of this subparagraph; and
2.1.4.3. In the case of disclosure —AILCD reasonably
believes that the recipient of the health information will
not disclose the health information, or personal information
derived from the health information; or
2.1.5 AILCD reasonably believes that the use or disclosure
is necessary to lessen or prevent:
2.1.5.1. A serious and imminent threat to an individual’s
life, health or safety; or
2.1.5.2. A serious threat to public health or public safety;
or
2.1.6. AILCD has reason to suspect that unlawful activity
has been, is being, or may be engaged in, and uses or discloses
the personal information as a necessary part of its investigation
of the matter or in reporting its concerns to relevant persons
or authorities; or
2.1.7. The use or disclosure is required or authorized by
or under law; or
2.1.8. AILCD reasonably believes that the use or disclosure
is reasonably necessary for one or more of the following by,
or on behalf of, an enforcement body:
2.1.8.1. the prevention, detection, investigation, prosecution
or punishment of criminal offences, breaches of a law imposing
a penalty or sanction, or breaches of a prescribed law;
2.1.8.2. the enforcement of laws relating to the confiscation
of the proceeds of crime;
2.1.8.3. the protection of the public revenue;
2.1.8.4. the prevention, detection, investigation or remedying
of seriously improper conduct or prescribed conduct;
2.1.8.5. the preparation for, or conduct of, proceedings
before any court or tribunal, or implementation of the orders
of a court or tribunal. 2.2 If AILCD uses
or discloses personal information under paragraph 2.1.8, we
will make and keep a written note of the use or disclosure.
2.3 Subclause operates in relation to personal information
that an organization that is a body corporate has collected
from a related body corporate as if the organizations primary
purpose of collection of the information were the primary purpose
for which the related body corporate collected the information.
2.4 Despite subclauses 2.1.1-2.1.8, AILCD may
disclose health information about the individual to a person
who is responsible for the individual if: 2.4.1.
the individual: 2.4.1.1 is physically or legally
incapable of giving consent to the disclosure; or
2.4.1.2 physically cannot communicate consent to the disclosure;
and 2.4.2. a natural person (the carer) providing
the health service for the organisation is satisfied that either:
2.4.2.1 the disclosure is necessary to provide appropriate
care or treatment of the individual; or
2.4.2.2 the disclosure is made for compassionate reasons;
and 2.4.3. the disclosure is not contrary
to any wish: 2.4.3.1 expressed by the individual
before the individual became unable to give or communicate consent;
and 2.4.3.2 of which the carer is aware,
or of which the carer could reasonably be expected to be aware;
and the disclosure is limited to the extent reasonable
and necessary 2.4.4. for a purpose mentioned
in paragraph 2.10.2.
2.5 For the purposes of subclause 2.4 a person
is responsible for an individual if the person is:
2.5.1. a parent of the individual; or
2.5.2. a child or sibling of the individual and at least
18 years old; or
2.5.3. a spouse or de facto spouse of the individual;
or
2.5.4. a relative of the individual, at least 18 years
old and a member of the individual's household; or
2.5.5. a guardian of the individual; or
2.5.6. exercising an enduring power of attorney granted
by the individual that is exercisable in relation
2.5.7. a person who has an intimate personal relationship
with the individual; or
2.5.8. a person nominated by the individual to be contacted
in case of emergency.
2.6. subclause 2.5:
2.6.1. Child of an individual includes
an adopted child, a step-child and a foster-child, of the
individual
2.6.2. Parent of an individual includes
a step-parent, adoptive parent and a foster-parent, of the
individual.
2.6.3. Releative of an individual
means a grandparent, grandchild, uncle, aunt, nephew or niece,
of the individual
2.6.4. Sibling of an individual includes
a half-brother, half-sister, adoptive brother, adoptive sister,
step-brother, step-sister, foster-brother and foster-sister,
of the individual
2.7. In order to provide our clients with the Services
associated with the primary purpose of collection (such as
the purpose of providing cognitive reports and interpretations),
AILCD discloses personal information collected to Australian
Cognitive Testing & Research (ACTR) as ACTR is the sole
provider of these services. ACTR will keep all such
personal information disclosed to it by AILCD in accordance
with the principles outlined in this document. Note:
both companies are licenced to use the IP of Denis Jenkins.
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3. Data quality
3.1. AILCD will take all reasonable steps to ensure personal
information used or disclosed is accurate, complete and up-to-date.
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4. Data security
4.1. AILCD will take all reasonable steps to protect your information
from misuse, loss, unauthorized access, modification or disclosure.
When personal information is no longer needed for any purpose
under National Privacy Principle 2, AILCD will take reasonable
steps to destroy or permanently de-identify personal information
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5. Openness
5.1 AILCD’s Privacy Policy sets out our management of
personal information and is available from the links at the
bottom of our Site. If requested by the individual or any other
authorized person, AILCD will provide a summary of the kinds
of personal information we hold, and for what purposes, and
how we collect, hold, use and disclose personal information.
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6. Access and correction
6.1 AILCD will provide you with access to
your own personal information on request except to the extent
that:
6.1.1 in the case of personal information other than health
information—providing access would pose a serious and
imminent threat to the life or health of any individual; or
6.1.2 in the case of health information—providing access
would pose a serious threat to the life or health of any individual;
or
6.1.3 providing access would have an unreasonable impact upon
the privacy of other individuals; or
6.1.4 the request for access is frivolous or vexatious; or
6.1.5 the information relates to existing or anticipated legal
proceedings between AILCD and the individual, and the information
would not be accessible by the process of discovery in those
proceedings; or
6.1.6 providing access would reveal the intentions of AILCD
in relation to negotiations with the individual in such a way
as to prejudice those negotiations; or
6.1.7 providing access would be unlawful; or
6.1.8 denying access is required or authorised by or under law;
or
6.1.9 providing access would be likely to prejudice an investigation
of possible unlawful activity; or
6.1.10 providing access would be likely to prejudice:
6.1.10.1 the prevention, detection, investigation, prosecution
or punishment of criminal offences, breaches of a law imposing
a penalty or sanction or breaches of a prescribed law; or
6.1.10.2 the enforcement of laws relating to the confiscation
of the proceeds of crime; or
6.1.10.3 the protection of the public revenue; or
6.1.10.4 the prevention, detection, investigation or remedying
of seriously improper conduct or prescribed conduct; or
6.1.10.5 the preparation for, or conduct of, proceedings before
any court or tribunal, or implementation of its orders; by or
on behalf of an enforcement body; or
6.1.11 an enforcement body performing a lawful security function
asks AILCD not to provide access to the information on the basis
that providing access would be likely to cause damage to the
security of Australia.
6.2. However, where providing access would reveal evaluative
information generated within AILCD in connection with a commercially
sensitive decision-making process, AILCD may give the individual
an explanation for the commercially sensitive decision rather
than direct access to the information.
6.3. If AILCD is not required to provide the individual with
access to the information because of one or more of paragraphs
6.1.1 to 6.1.11 (inclusive), AILCD will, if reasonable, consider
whether the use of mutually agreed intermediaries would allow
sufficient access to meet the needs of both parties.
6.4. If AILCD charges for providing access to personal information,
those charges will not be excessive; and will not apply to lodging
a request for access.
6.5. If AILCD holds personal information about an individual
and the individual is able to establish that the information
is not accurate, complete and up-to-date, AILCD will take reasonable
steps to correct the information so that it is accurate, complete
and up-to-date.
6.6. If AILCD holds personal information about an individual
and the individual is able to establish that the information
is not accurate, complete and up-to-date, AILCD will take reasonable
steps to correct the information so that it is accurate, complete
and up-to-date.
6.7. AILCD will provide reasons for denial of access or a refusal
to correct personal information.
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7. Identifiers
7.1 AILCD will not adopt as its own identifier
(“identifier” includes a number assigned by an organization
to an individual to uniquely identify the individual for the
purposes of the organization’s operations; the individual’s
name or ABN are not identifiers) of an individual an identifier
assigned to an individual by an agency, agent of such an agency,
or a contracted service provider for a Commonwealth contract.
7.2. AILCD will not use or disclose an identifier assigned to
an individual by an agency, agent of such an agency, or a contracted
service provider for a Commonwealth contract unless:
7.2.1. the use or disclosure is necessary for AILCD to fulfill
its obligations to the agency; or.
7.2.2. one of more of paragraphs 2.1.5 to 2.1.8 (inclusive)
apply to the use or disclosure; or
7.2.3. the use or disclosure is by a prescribed organization
of a prescribed identifier in prescribed circumstances.
7.2.4. Note: Prerequisites must be satisfied before the matters
in paragraph 7.2.3 are prescribed: see subsection 100(2)
7.3.In this clause: Identifier includes a number assigned by
an organization to an individual to identify uniquely the individual
for the purposes of the organisation’s operations. However,
an individual’s name or ABN is not an identifier.
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8. Anonymity
8.1.AILCD will, whenever lawful and practicable, provide individuals
with the option of not identifying themselves when entering
transactions with AILCD. |
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9. Transborder data flows
9.1. AILCD will only transfer personal information
to someone in a foreign country if:
9.1.1. AILCD reasonably believes that the recipient will uphold
principles for fair handling of the information that are substiantially
similar to the National Privacy Principles; or
9.1.2. the individual consents to the transfer; or
9.1.3.the transfer is necessary for AILCD to perform a contract
between it and the individual, or for AILCD to implement pre-contractual
measures taken in response to the individual’s request;
or
9.1.4.the transfer is necessary for the conclusion or performance
of a contract concluded in the interest of the individual between
AILCD and a third party; or
9.1.5. all of the following apply:
9.1.5.1. the transfer is for the benefit of the individual;
9.1.5.2. it is impracticable to obtain the consent of the individual
to that transfer;
9.1.5.3. if it were practicable to obtain such consent, the
individual would be likely to give it; or
9.1.6.AILCD has taken reasonable steps to ensure that the information
which we have transferred will not be held, used or disclosed
by the recipient of the information inconsistently with the
National Privacy Principles.
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10. Sensitive information
10.1.AILCD only collects sensitive information about
an individual when:
10.1.1. the individual has consented; or
10.1.2.the collection is required by law; or
10.1.3. the collection is necessary to prevent or lessen a serious
and imminent threat to the life or health of any individual,
where the individual whom the information concerns:
10.1.3.1.is physically or legally incapable of giving consent
to the collection; or
101.3.2. physically cannot communicate consent to the collection;
or
physically cannot communicate consent to the collection; or
10.1.4.the collection is necessary for the establishment, exercise
or defence of a legal or equitable claim.
10.5.If AILCD or one of its subsidiaries becomes a non-profit
organization, information collected in the course of activities
will
10.1.5.1.relate solely to the members of the organization or
to individuals who have regular contact with it in connection
with its activities;
10.1.5.2.indicate, at or before collecting the information,
to the individual whom the information concerns that the organization
will not disclose the information without the individual’s
consent; or
10.2.Despite clause 10.1 above, AILCD may collect health information
about an individual if:
10.2.1.the information is necessary to provide a health service
to the individual; and
10.2.2the information is collected:
10.2.2.1. as required by law (other than this Act); or
10.2.2.2. in accordance with rules established by competent
health or medical bodies that deal with obligations of professional
confidentiality which bind the organization
.10.3.Despite clause 10.1 above, AILCD may collect health information
about an individual if:
10.3.1.The collection is necessary for any of the following
purposes:
10.3.1.1.research relevant to public health or public safety;
10.3.1.2.the compilation or analysis of statistics relevant
to public health or public safety;
10.3.1.3.the management, funding or monitoring of a health service;
and
10.3.2.that purpose cannot be served by the collection of information
that does not identify the individual or from which the individual’s
identity cannot reasonably be ascertained; and
10.3.3.it is impracticable for AILCD to seek the individual’s
consent to the collection; and
10.3.4.the information is collected:
10.3.4.1.as required by law (other than this Act); or
10.3.4.2. in accordance with rules established by competent
health or medical bodies that deal with obligations of professional
confidentiality which bind the organization; or
10.3.4.3.in accordance with guidelines approved by the Commissioner
under section 95A for the purposes of this subparagraph.
10.4.If AILCD collects health information about an individual
in accordance with clause 10.3 above, AILCD will take reasonable
steps to permanently de-identify the information before AILCD
discloses it.
10.5.In this clause: non-profit organization means a non-profit
organization that has only racial, ethnic, political, religious,
philosophical, professional, trade, or trade union aims.
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Links to and from this Site
(a) Links to the Website
AILCD welcomes linking to the Website, but only on the following
conditions:
(a) that the content is not passed off or misrepresented as
being the content of any other website or information system;
(b) that the Website is not framed in any way;
(c) that any link to the Website will cause a new browser window
to open or allow the content to load into the full browser window;
(d) that the linking does not either expressly or implicitly
represent that AILCD, or its licensors, advertisers or affiliates,
endorse or approve of the website on which the link is provided;
and
(e) that a link is not provided from a website which may be
regarded as offensive, distasteful or contain illicit material
of an adult nature.
(b) Links provided on the Website
This Site may contain links to third party sites not controlled
by or related to AILCD and its Services. AILCD provides these
links to Third Party sites and associated services, collectively
“Third Party Services” for your information and
convenience only and is not responsible for any content, link,
information or omission or any future updates on the Third Party
Services. The provision of these links does not indicate or
imply that AILCD has any relationship to or interest in or endorsement
of the Third Party and its services.
AILCD makes no warranty or representation as to the reliability
or accuracy of the information contained on these linked sites.
The providers of these linked sites often have their own rules
and standards in relation to their sites and the information
which appears on them. You are urged to familiarise yourself
with the rules and standards of other websites to which links
are provided as AILCD cannot and does not warrant that the linked
sites are complete, current, reliable or free from error.
By using these Third Party Services you agree that you will
not hold AILCD responsible or liable for any act or omission,
information or lack thereof or any other reason in relation
to any Third Party Services accessible from this Site, nor seek
to do so.
AILCD does not and cannot accept responsibility or liability
for any loss, damage, cost or expense that might be incurred
by a user of the Website as a result of the use of or reliance
upon the materials which appear at any of the linked sites.
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Requests for Information / Unsolicited Idea
Submission Policy
If you request information on a particular topic, or suggest
a topic for our CD products, you do so on the understanding
that any such suggestion or information supplied to us may be
used by us to create products that may become of commercial
value. In making such a request or suggestion, you therewith
provide that “unsolicited idea” to us as Public
Domain and certify that that idea is not a part of another person’s/organization’s
Intellectual Property. As such, if we, at our own discretion,
and using our own resources, develop that idea into a product
of commercial value, you recognize that you cannot claim any
part of the profits from those product(s)/service(s).
AILCD reserves the right to reject any or all unsolicited ideas
and to answer or not to answer any questions at our own discretion
and in our own time and depending on the resources, either staff
or otherwise, that we may have or not have at the time. If you
have any urgent requests, or require information regarding urgent
or critical medical advice or assistance, we recommend you contact
an appropriately certified provider. |
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Copyright Notice
All material on the Website is subject to copyright under the
Copyright Act 1968 (Cth) and through various international treaties
and agreements under the laws of other countries.
Unless otherwise noted, all materials on this Site are Copyright
© 1994 Denis Linton Jenkins, PO Box 598 Hornsby, NSW, 2077
Australia. All rights reserved.
All rights not expressly granted under these terms are reserved.
Unless expressly stated to the contrary, AILCD entitled or licensed
by Mr. Jenkins or other third parties to reproduce all the material
on the Website.
Other than for the purpose of the Copyright Act 1968 (Cth),
or as stated below, no material on the Website may be altered,
reproduced, stored, published, adapted, communicated or transmitted
without AILCD’s prior written consent.
You may only copy material on the Website:
- to store copies of the material on a computer for private
and non-commercial viewing; and/or
- to print copies of the material for a non-commercial purpose,
provided that the material is attributed to AILCD and/or
any other nominated author, and retains all the marks of
AILCD’s ownership and includes this notice.
If you wish to use any of the materials on this site in a manner
that is not specified here, or if you have any questions regarding
the copyright of any part of this Site or its contents, please
Contact Us using the most current contact details from our Site.
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Trademarks
Trademarks
Trademarks, logos and other service marks on this Site on this
site remain the property of AILCD or their respective owners
and may be subject to certain rights both in Australia and overseas.
You are not allowed to use these marks without prior written
consent from the appropriate owner. |
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Indemnity and Liability
You are solely responsible for any content or material you submit,
post or transmit through the Site and for your use or misuse
of the Site, and agree to indemnify and hold AILCD and all associated
organizations, partners & employees, harmless from all claims
made by any third party in relation to any content or material
you submit, including your violation of the Terms of Use, or
the rights of any other person or entity. |
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Contacts
Please Contact Us using the most recently updated list
from this Site.
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