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Terms of Use

Before using this website (speechbubble), you must agree to these Terms of Use (Terms).

1. Agreement to Terms of Use

1.1.1. speechbubble is owned and managed by the Commonwealth of Australia represented by the Department of Human Services (DHS).

1.1.2. If you post comments, or otherwise use speechbubble, you will be taken to have entered into a binding legal agreement with DHS on these Terms.

2. Lawful purposes

2.1.1. You agree to use speechbubble only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of speechbubble by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to speechbubble.

2.1.2. You must not use speechbubble to post, transmit or link to any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.

2.1.3. You must not use speechbubble to post, transmit or link to:

a. any material in which copyright or other intellectual property rights subsist unless it is your own original work or you have the express written permission of the copyright owner to grant a licence on the terms referred to in Term 4.1.2 below; or

b. any advertising, promotional or other commercial material including, in particular, any unsolicited communications prohibited by the Spam Act2003 (Cth) or any other applicable laws.


3. Disclaimers, warranties and indemnities

3.1.1. Your use of speechbubble does not:

a. affect or reduce any obligation DHS or any other agency owes you; or

b. reduce any obligation you owe to DHS or any other agency.

3.1.2. DHS strives to protect comments and information posted on speechbubble. It will use all reasonable endeavours to ensure that your comments and information are not compromised. However, DHS cannot guarantee that no Harmful Code (i.e. harmful surreptitious code or other contaminants, including viruses, bugs, trojan horses, spyware or adware) will enter speechbubble. You should be aware of the risks associated with using websites.

3.1.3. DHS recommends that you use appropriate and up-to-date firewall and anti-virus software to protect your computer systems.

3.1.4. speechbubble is not a substitute for independent professional advice and you should obtain any appropriate professional advice relevant to your particular circumstances.

3.1.5. Comments on speechbubble are provided by, and are the responsibility of, the person or people who posted them. DHS does not endorse, support, or guarantee the truthfulness, accuracy, or reliability of any comments posted on speechbubble or endorse any of the opinions expressed.

3.1.6. DHS takes reasonable care in linking to other websites, but it has no direct control over the content presented in those websites or the availability of those websites.

3.1.7. DHS makes no representation that the material on any linked websites do not infringe the intellectual property rights or any other rights of any person. DHS does not authorise the reproduction of such material.

3.1.8. DHS does not endorse or recommend any links to external websites, or third party content, including products and services offered by, from or through those websites or their content.

3.1.9. DHS does not make any representations or warranties that information accessible using speechbubble is current, reliable, accurate or complete, or that your access to speechbubble will be uninterrupted, timely or secure;

3.1.10. DHS does not accept any responsibility or liability for any information or material communicated using speechbubble, nor does it accept any responsibility for any use or misuse that you, or any other user, make of information or material communicated using speechbubble.

3.1.11. DHS does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of speechbubble or any linked site or facility, nor does it accept any responsibility for any loss arising out of your use of, or reliance on, information accessed using speechbubble.

3.1.12. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits DHS from excluding or modifying the application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed to be included, but DHS’s liability will be limited to:

a. supplying the relevant services again; or

b. paying the cost of having the services supplied again.

3.1.13. When posting or otherwise communicating content using speechbubble, you agree to indemnify DHS and its employees and agents against any claim by a third party arising out of any breach of these Terms by you.

3.1.14. These Terms do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.


4. Content

4.1.1. You are responsible for the comments you make on speechbubble. If you wish to comment on speechbubble, you must comply with these Terms, our Moderation Policy and any other applicable laws or legal requirements.

4.1.2. You acknowledge and agree that any copyright material posted or otherwise provided by you using speechbubble is provided under the terms of a Creative Commons Attribution 3.0 Australia licence.

4.1.3. Under this license, you permit anyone to copy, distribute and/or transmit the work and to adapt the work, royalty free, on the condition that they attribute the work in the manner you suggest (but not in any way that suggests that you endorse them or their use of the work).

4.1.4. Please read the full text of the CC BY 3.0 AU licence at the Creative

Commons website (accessible using the links provided) before attempting to post, or otherwise communicate, any copyright material using speechbubble.

4.1.5. If you post or otherwise communicate any copyright material using speechbubble, you warrant that you have the requisite legal rights to grant a licence on the terms set out in Term 4.1.2 above.

4.1.6. With the exception of the Commonwealth Coat of Arms and other Australian

Government branding in the banners on speechbubble, or where otherwise noted, material presented on speechbubble is provided under a Creative Commons Attribution 3.0 Australia licence.

4.1.7. The details of the relevant licence conditions are available on the Creative

Commons website (accessible using the links provided), as is the full legal code for the CC BY 3.0 AU licence.

4.1.8. The terms under which the Coat of Arms can be used are detailed on the It’s an Honour website.


5. Privacy

5.1.1. To post comments on speechbubble, you must first provide your name and email address to DHS. speechbubble also allows you to nominate a pseudonym in case you do not want your real name posted on speechbubble.

5.1.2. DHS will only use and disclose personal information provided in connection with speechbubble to a person, body or other agency:

a. to provide you with a service you have requested; or

b. as required or authorised by law, for example, if a law enforcement authority or court order lawfully directs DHS to disclose personal information about a user.

5.1.3. Your use of speechbubble is not private. While DHS adheres to its Privacy Policy, it reserves the right to (in its absolute discretion) monitor and record any communications transmitted using speechbubble, before, during and/or after they are made available to their intended recipients.

5.1.4. DHS reserves the right to moderate, by way of removal, any personal information from any post you make on speechbubble.

5.1.5. For more information about how DHS protects your privacy and personal information, please see the DHS Privacy Statement.


6. General

6.1.1. These Terms are governed by the laws of the Australian Capital Territory,

Australia and you agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.

6.1.2. If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms will continue in full force.

6.1.3. These Terms do not negate any terms or conditions that apply to your use of any other government website.

6.1.4. We may revise these Terms from time to time.

6.1.5. Please email if you have any questions, problems or feedback regarding speechbubble.