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Head On Foundation LTD
PO Box 7121, Bondi Beach, NSW 2026
Head On Foundation Ltd (ABN 46 127 619 149)
You, the user of this website
You should carefully read and agree to this Agreement each time You use the Head On Website. Head On may, from time to time, amend this Agreement. Any such amendments will be posted on the Head On Website and will take effect at least fourteen (14) days after such posting. If You do not accept such amendments to the Agreement, You cannot continue to use the Head On Website. By using the Head On Website, You agree that the then current version of this Agreement (including any amendments effective at that time) applies to Your use of the Head On Website.
1. General Requirements
1.1 Subject to clause 1.2, Head On will make the Head On Website available to You on the terms and conditions set out in this Agreement.
1.2 You must use the Head On Website only in accordance with this Agreement.
2. Third Party Activities
2.1 The Head On Website may contain links to third party websites where content is not controlled by Head On ("Linked Sites").
2.2 Links to Linked Sites are provided for convenience only. The appearance of a link to a Linked Site does not imply Head On’s endorsement of that Linked Site or any Third Party Content. Head On has no control over and is not responsible for any Linked Site or any Third Party Content.
2.3 You access Linked Sites at your own risk and, to the full extent permitted by law, subject to clause 7.6, Head On disclaims all guarantees and warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on such Linked Sites and in Third Party Content.
3. Intellectual Property Rights
3.1 The Head On Website and all Head On Content (and all intellectual property rights that subsist in the Head On Website and Head On Content, including without limitation copyright, trade marks, patents, design rights and all other forms of intellectual property existing in the world) are owned and operated by the Head On or its third party licensors and suppliers. Nothing in this Agreement constitutes a transfer of any intellectual property rights.
3.2 You must not do anything which breaches or otherwise interferes with Head On’s intellectual property rights or the intellectual property rights of any of Head On’s third party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from any content appearing on the Head On Website without the prior written permission of Head On or the relevant third party licensor or exploit such contents for commercial benefit.
3.3 Your use of Third Party Content (including, without limitation, that featured on Linked Websites) may be subject to a third party's terms and conditions of use. It is your responsibility to check and comply with such terms. Nothing in this Agreement (or otherwise on the Head On Website) constitutes a licence or right for You to use such Third Party Content.
3.4 All rights not expressly granted are reserved by Head On.
4. Head On Website access and use
4.1 Head On reserves the right to modify, discontinue or disable the Head On Website or any part of the Head On Website (on a permanent or temporary basis) at any time. While Head On will, where reasonably practicable and possible, endeavour to provide you with prior notice of such modifications, discontinuations or disabling, You agree and accept that it may not always be possible to provide you with such prior notification.
4.2 You must not use the Head On Website to:
(a) upload or send any content that is or may be considered material that:
(i) is illegal, abusive, harassing, threatening, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory or invasive of another's privacy;
(ii) contains plagiarism;
(iii) infringes the intellectual property of another party;
(iv) is not owned by you;
(v) is false or misleading;
(vi) constitutes criminal content or content that might encourage any criminal activity or otherwise constitutes a basis for legal proceedings;
(vii) contravenes or may contravene any applicable laws, regulations, codes, or standards;
(viii) disturbs or damages the Head On Website or the goods and/or services offered by Head On;
(ix) causes any damage to Head On or any third party; and/or
(x) breaches the Agreement;
(b) transmit any unsolicited or unauthorised advertising, promotional materials, spam or similar materials; or
(c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(d) collect any available personal information on the Head On Website on other individuals or to upload personal information of other individuals, including their names, address, phone number or any other identifying information; or
(e) use the Head On Website for any unlawful purpose.
4.3 You must not violate or attempt to violate the security of the Head On Website. You must not hack into the Head On Website, Head On's computer systems or the computer systems of other users of the Head On Website. "Hacking" means unauthorised access, malicious damage and/or interference and includes, without limitation, spamming, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
4.4 If you materially breach the terms of this Agreement, Head On may (at its option, and without limiting the remedies available to Head On in any way) terminate its agreement with you or bar you from accessing the Head On Website on a temporary or permanent basis.
4.5 If your access to the Head On Website is barred or your agreement with Head On is terminated in the manner described in clause 4.5, you must not access or use the Head On Website during the period during which your access is barred.
6. Compliance with law
6.1 You represent to Head On and agree that in using the Head On Website, you will act in accordance with all applicable laws and regulations and in accordance with this Agreement.
7.1 To the full extent permitted by law and subject to clause 7.6, Head On excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.
7.2 To the full extent permitted by law and subject to clause 7.6 the Head On Website and the Head On Content is provided to You "as is" and on an "as available" basis, without any representation or endorsement made and without warranty or guarantee of any kind (whether express or implied). This means that Head On do not guarantee continuous, uninterrupted or secure access to the Head On Website or that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected. As a result, You may at times experience disruption or other difficulties in using the Head On Website. You should consider the potential for disruption or other difficulties in planning your use of the Head On Website. To the extent permitted by law, Head On has no liability to you whatsoever for loss or costs of any kind you suffer as a result of or in connection with any disruption or other difficulties in using the Head On Website.
7.3 You acknowledge that the Head On Website (including, without limitation, all the Head On Content, Linked Sites and Third Party Content) is provided for general guidance and awareness and you should consider obtaining further advice or conducting further checks prior to use or reliance on the relevant content.
7.4 To the full extent permitted by law, subject to clause 7.6 and except where the relevant liability arises from Head On's gross negligence or wilful misconduct, neither Head On nor any party involved in creating, producing or delivery the Head On Website accepts any liability for the accuracy, timeliness or completeness of the information contained on the Head On Website or any responsibility for any errors or omissions in the content on the Head On Website.
7.5 To the full extent permitted by law, subject to clause 7.6 and except where the relevant liability arises from Head On's gross negligence or wilful misconduct, Head On excludes all liability to You for any damages or loss (including without limitation direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data) arising out of your access to, or use of, or inability to use or access the Head On Website or otherwise in connection with:
(a) your use of, or reliance on, the Head On Website (or any of the Head On Content, Linked Site or Third Party Content) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise));
(b) the accuracy, timeliness, credibility, quality, utility or completeness of the information contained on the Head On Website; and/or
(c) any errors or omissions in the content on the Head On Website, whether or not Head On is aware of such errors or omissions.
7.6 Certain legislation may imply warranties or conditions or impose obligations, remedies or guarantees which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, this Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent that Head On is entitled to do so, Head On limits its liability in respect of any claim under those provisions to (at its option):
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
7.7 You agree to fully compensate Head On and its officers, employees and agents from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses on a reasonable basis) and penalties incurred or suffered by any of them arising out of:
(a) Your material breach of this Agreement (noting that for the purposes of this clause 7.7, a material breach will include, without limitation, a breach of a representation, obligation or warranty under clauses 6 or 8.4 or any breach of clause 8);
(b) any misuse or use of Head On Content in breach of this Agreement; and
(c) any act of fraud or wilful misconduct by or on behalf of You.
7.8 You acknowledge and agree that unauthorised use of Head On Content by you could cause Head On (or its third party suppliers or licensors) irreparable harm and that, in the event of unauthorised use, Head On is entitled to seek an injunction to prevent such use, in addition to any other remedies available at law or in equity.
8.1 We may provide You with notices in connection with this Agreement by posting such notices on the Head On Website or, where appropriate, by email or mail if you have provided contact details for that purpose.
8.2 Head On may assign this Agreement provided that the relevant assignee undertakes to perform all of Head On obligations herein.
8.3 The obligations to compensate for losses incurred by Head On and its officers, employees and agents in this Agreement are:
(a) continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement; and
(b) absolute and unconditional and unaffected by anything that might have the effect of prejudicing, releasing, discharging or affecting in any other way the liability of the party that is obliged to provide the compensation.
8.4 This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
9.1 In this Agreement, these capitalised terms have the following meanings:
Head On means the Head On Foundation Ltd (ABN 46 127 619 149).
Head On Content means all content contained on the Head On Website (including without limitation all text, graphics, icons, advertisements, photographs, databases, trade marks and other information contained on the Head On Website (other than Third Party Content).
Third Party Content means content created or uploaded by a party other than Head On, including all text, graphics, icons, advertisements, photographs, databases, trade marks and other information created and/or uploaded by such a party.
You means you, the user of the Head On Website.
Head On recognises the importance of your privacy, and that you have a right to control how your personal information is collected and used. We know that providing personal information is an act of trust and we take that seriously. All personal information about you will only be collected, processed and used in accordance with applicable laws. Unless you directly give us consent to do otherwise, we will only collect and use your personal information as set out below.
Collection of personal information from you
Head On collects personal information from entrants in our promotions and competitions, purchasers of products or publications which we sell, users of our website at www.headon.com.au ("Website"), Head On members and other individuals. We collect this information when it is necessary for the purposes of our business.
Head On may collect personal information about you, including, for example, your contact details (such as email address, name, address and phone number), date of birth, place of residence, details about your photography experience and where necessary to effect a purchase, return, payment or similar transaction, your credit card, PayPal or banking details.
In particular, Head On may collect personal information:
• when you contact us with queries or issues;
• when you participate in our promotions or competitions (including when you register for and/or submit an entry into competitions held as part of the Head On Photo Festival)
• when you attend or book places at Head On related events;
• when you fill in questionnaires, surveys or contact forms;
• when you submit information through our Website, such as when you set up a user account, retrieve log-in information, request a new password, make online orders or purchases or enter into other online transactions;
• when you register for subscriptions to Head On mailouts (including via email), newsletters, updates, festival news or other related information/publications;
• when you apply or register for or renew your Head On membership;
• when you purchase products (such as exhibition catalogues or other publications) from us (whether online or offline);
• when you become a sponsor;
• when your register your details with Head On;
• when you use our Website, in which case our system may automatically collect information relating to your visit to our Website, such as your IP address.
If you do not provide Head On with all requested personal information, we may be unable to assist you or provide you with our products and/or services, facilitate a booking at a Head On related event, allow you to join the Head On membership or mailing list, register you on our Website, or provide you with a password or with access to our Website (or certain sections of our Website), or you may not be able to participate in or win prizes in our promotions or competitions (including competitions held as part of the Head On Photo Festival).
Using your personal information
Our main purposes in collecting information about you are to:
• provide you with our products and/or services;
• respond to your queries;
• conduct promotions and competitions (including providing notices of and to prize-winners and administering prizes);
• manage Head On related events, subscriptions, memberships and sponsorships;
• facilitate access to and manage our Website;
• keep you informed about our activities, products and services;
• operate our business efficiently; and
• improve our products and services.
Using your personal information for marketing
We may use personal information you have provided to us, including your email address, to provide you with information in relation to new or updated products or services, special offers, promotions or competitions or other activities that you may be interested in.
If at any time you do not wish to receive such information from us, you may ask us to remove your name from our list by emailing us at mail [at] headon [dot] com [dot] au. Alternatively, if we send you such information by email, you can use the unsubscribe function in the email to inform us that you do not wish to receive such information from us by email. In either case, please allow 5 business days for your request to be processed.
Disclosing your personal information
In order to run our business efficiently, improve and provide our products and services to you, respond to your queries and/or send you information about future products, services and/or activities that you may be interested in, your personal information may be disclosed to:
• our related bodies corporate and affiliates who may be located outside of Australia;
• service providers (eg. independent contractors and consultants, off-site security storage providers, website hosts, mail-houses, electronic database managers, event managers, credit managers and debt collecting agencies); and/or
• if you win a prize in our promotions or competitions:
o entities providing the prizes, so that the relevant prize(s) can be awarded to you; and
o newspapers (or similar publications) for the purposes of issuing any required public notices of prize-winners.
Head On will not otherwise use or disclose any personal information about you without your consent, unless:
• the use or disclosure is required or permitted by law;
• we believe it necessary to provide you with services which you have requested or to otherwise implement the terms of our service or relevant competition;
• we believe it necessary to provide you with products or services which you have requested;
• we believe it necessary to protect the rights, property or personal safety of another person or Head On; and/or
• the assets and operations of Head On's business are transferred to a third party.
Access and accuracy
Upon request, we will provide you with access to personal information that Head On holds about you, except in the limited circumstances in which it is permitted for us to withhold this information. To request access to your personal information, please email us at mail [at] headon [dot] com [dot] au.
If at any time you wish to change personal information that is inaccurate or out of date, please contact us by emailing us at the email address set out in the paragraph above and we will amend your record.
If you wish to have your personal information deleted, please let us know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal, auditing or internal risk reasons.
Storage and security of your personal information
Head On will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. Your information is stored on secure servers that are protected in controlled facilities. We require our employees and data processors to respect the confidentiality of any personal information held by Head On.
Please note also that Head On may use overseas facilities to process or back up its information. As a result, we may transfer your personal information to our overseas facilities for storage. However, this does not change any of our commitments to safeguard your privacy.
In respect of all online dealings, however, unfortunately, no data transmission over the internet can be absolutely guaranteed to be secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us through our Website and you use our Website at your own risk.
Usernames and passwords
You can play an important role in keeping your personal information secure by maintaining the confidentiality of any password and accounts used on our Website. Please notify Head On immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security.
You are responsible for the security of your user name and password (or other log-in information) and you take responsibility to ensure the confidentiality of this information.
Links to other websites
Head On provides access to third party websites through our Website. Head On usually has limited or no control over these websites and we are not responsible for:
• the conduct of the organisation accessed via a link on our Website; and
• to the extent that we do not have control over the content of those websites accessed via a link on our Website, the content on those websites.
What to do if you have a problem or question
The contents of this web site are the exclusive property of the copyright holder and may not be distributed or reproduced without written permission. All photographs on the site are copyright of their respective creators. Images may not be reproduced or copied without the written permission of the photographer.
Please feel free to create hypertext links to this site. However, in establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of Head On or its operators.