User agreement

Please review this user agreement (the “Agreement”) carefully. This Agreement applies to all products and services provided by The Institute of Technology for Australia and New Zealand Limited (ACN 627 947 175) (“TITAN”, “we”, “our” and “us”), our related bodies corporate and our partners, including our website.

In this Agreement:

  • Intellectual Property Rights” means any and all intellectual and industrial property rights throughout the world including but not limited to rights in respect of or in connection with any confidential information, copyright (including but not limited to future copyright and rights in the nature of or analogous to copyright), Moral Rights, inventions (including but not limited to patents), trade marks, service marks, designs and circuit layouts whether or not now existing and whether or not registered or registrable including but not limited to any right to apply for the registration of such rights and all renewals and extensions;
  • Moral Rights” means moral rights within the meaning of Part IX of the Copyright Act 1968 (Cth) and any analogous rights arising under statute that exist, or may come to exist anywhere in the world; and
  • TITAN Services” means our website and each of the products and services offered by TITAN, our related bodies corporate or our partners, including effective altruism, technology grants, matched funding, free events and podcasts.

By using our website or any of the other TITAN Services, sending us an application or working with us, you are agreeing to be bound by, and to comply with, this Agreement. If you cannot comply with this Agreement or do not accept its terms, you are not permitted to use the TITAN Services.

  • Use of the TITAN Services

You agree that, in using the TITAN Services, you will comply with all applicable local, state, national and international laws, regulations and rules, including all applicable privacy legislation.

You agree that you will not disclose any of our confidential, proprietary or personal information to any third party, except where we give you prior written permission to do so or where required by law.

You must not use, or permit or assist any third party to use, the TITAN Services for any unlawful, defamatory, offensive, harassing, or otherwise inappropriate purpose. You must not use, or permit or assist any third party to use, the TITAN Services for any purpose that is fraudulent or promotes fraudulent activity.

You must not post on or provide through the TITAN Services any content:

  • which is unlawful, defamatory, offensive, harassing, or otherwise inappropriate;
  • which constitutes a fraudulent misrepresentation;
  • which infringes the rights, including the Intellectual Property Rights, of any third party; or
  • which, when used or processed by TITAN in connection with the TITAN Services or this Agreement, infringes the Intellectual Property Rights of a third party.

  • Suspension and termination

If you fail to comply with the terms of this Agreement, we may immediately suspend your right to access and use the TITAN Services without liability for TITAN (to the extent permitted by law). Our rights to suspend your use of the TITAN Services and to remove content do not limit any other rights or remedies that may be available to us.

Either party may terminate this Agreement by notifying the other party in writing if the other party materially breaches this Agreement and the breach cannot be remedied, or (if capable of remedy) the breach is not remedied within 14 days of the provision of notice by the other party.

  • Indemnity

You agree to indemnify TITAN and hold TITAN harmless from and against any claim, action, proceeding or demand (“Claim”) by a third party arising from or in connection with any content you post on or provide through the TITAN Services, including any Claim alleging that such content or the use or processing of such content by TITAN in accordance with this Agreement infringes the Intellectual Property Rights of a third party, including all liability, damages, losses, costs, charges, outgoings, payments and expenses suffered or incurred in connection with any such Claim.

  • INTELLECTUAL PROPERTY RIGHTS

We or our licensors own all right, title and interest in and to the TITAN Services, including all files uploaded by or on behalf of us, layout, design, data, graphics, written material, file content, codes, news updates, instructional material, videos, reviews and databases contained on our website or provided Services. You must not use or reproduce our copyright material, including for commercial purposes, other than as permitted by law or where we have given you our express prior written permission (in which we may also require a licence agreement to be signed by both parties in relation to the copyright material).

  • Licences

We grant you a limited, non-exclusive, revocable licence to access and use the TITAN Services to the extent permitted by this Agreement. This licence will remain in effect until this Agreement expires or is terminated, except where we suspend your right to access and use the TITAN Services as set out in this Agreement. You are not granted any ownership rights in respect of the TITAN Services or the Intellectual Property Rights or proprietary information belonging to TITAN or our licensors.

You hereby grant TITAN, our related bodies corporate and each of our partners, collaborators, contractors and suppliers a non-exclusive, worldwide, perpetual (for the term of this Agreement) licence to hold, use and process all content you provide in connection with the TITAN Services for the purposes of providing you with the TITAN Services and for all other purposes described in this Agreement and our Privacy Policy.

  • Third-party websites

Where our website includes links to third-party sites, we provide those links for your convenience only. The presence of a link on our website does not indicate or imply that we recommend or support the linked site, any materials contained on it (including links to other websites) or any product or service that is associated with it. To the extent permitted by law, we do not accept any liability for your use of any linked third-party website or any resulting loss or damage.

We allow you to place on your webpage a link to our website, but you must not do so in a manner that indicates that we are associated with, recommend or support you, your website or any products or services you offer (except where we have given you prior written permission to do so). We are entitled to withdraw our consent to your use of such a link at any time and for any reason by providing you with notice. If we so notify you, you must promptly remove the link(s) to our website from your webpage.

  • Limitation of Liability

While we take reasonable steps to verify that the material contained on our website and provided as part of the other TITAN Services is correct, we are unable to guarantee that such material is accurate, reliable, up-to-date or exhaustive, and (to the extent permitted by law). To the extent permitted by law and without limiting your rights conferred under any legislative warranty or guarantee that cannot be excluded, our maximum aggregate liability in connection with any such material or the content of any linked website is $100AUD.

None of the material posted on our website or otherwise provided through the TITAN Services constitutes professional advice. Statements made on our website are general in nature and you should not rely on their accuracy without independent confirmation.

We exclude from this Agreement all express or implied warranties and guarantees in connection with the TITAN Services, with the exception of any warranties or guarantees imposed or implied under applicable legislation and which are unable to be excluded. Where there is a legislative warranty or guarantee that cannot be excluded and we are able to limit your remedy for a breach of such a warranty or guarantee, our liability is limited (at our option) to:

  • in respect of goods, replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired; or
  • in respect of services, supplying the services again, or paying the cost of having the services supplied again.

  • Privacy

Please see our Privacy Policy for information on how we collect, use, hold and disclose your personal information. By using this website or any of the other TITAN Services, sending us an application or working with us, you are agreeing to the terms of the Privacy Policy. To read our Privacy Policy and read more about how and why we collect and use your personal information, please click here.

  • Governing Law

This Agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria, including the Federal Court of Australia sitting in Victoria.

We are entitled to commence legal action against you for breach of this Agreement, including in the country in which you live or another appropriate jurisdiction.

  • General terms

Provided that nothing in this Agreement limits any liability you or we may have in connection with any representations or other communications (either oral or written) made prior to or during the term of this Agreement, where such liability cannot be excluded, this Agreement supersedes all previous agreements, understandings, representations and warranties about its subject matter and constitutes the entire agreement between the parties about its subject matter. However, additional terms may apply to your use of particular TITAN Services or to other arrangements between you and TITAN.

If either party decides not to enforce a particular term of this Agreement on one occasion, that does not prevent that party from subsequently enforcing that same term or any other term.

Any part of this Agreement what is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable.  The validity or enforceability of the remainder of this Agreement is not affected.

You may not assign or novate this Agreement (in whole or in part) to any third party without our prior written consent.

Any term of this Agreement that by its nature is intended to survive termination or expiry of the Agreement will do so.

  • INTERPRETATION AND UPDATES

In this Agreement, the word “including” is not used as a term of limitation.

We may update this Agreement, and the amended terms will apply to any new TITAN Services you start to use after the update has been published on our website (including to your use of our website from that date). The amended terms will apply to any TITAN Services you are already using from 3 months after the date on which the updated Agreement is published on our website, or such shorter period of time as required to allow us to comply with any applicable law.