Terms of Use

Last updated 16 November 2021

Background

The English Language Learning for Indigenous Children (ELLIC) website (ELLIC Website) is funded by the Australian Government Department of Education and is managed by Education Services Australia Limited (ESA).

Use of the ELLIC Website is subject to the Terms of Use set out below. Please read and ensure you understand these Terms of Use prior to using the ELLIC Website. If you proceed to use the ELLIC Website, your use will be taken as acceptance of these Terms of Use.

ESA may amend these Terms of Use from time to time. You are responsible for regularly reviewing them. Your continued use of the ELLIC Website constitutes your agreement to the most up-to-date version of the Terms of Use at any given time.

Please note that no legal relationship is created between You and ESA or the Australian Government.

In these Terms of Use, Material means the material including content and resources on the ELLIC Website and You means the person using the ELLIC Website.

Aboriginal and Torres Strait Islander–owned intellectual and cultural property may be included on the ELLIC Website.  Where it has been included, in addition to obtaining licences for the use of relevant intellectual property rights, ESA has abided by all relevant cultural protocols in relation to the inclusion of such intellectual and cultural property on the ELLIC Website.

Ownership and use of Material on the ELLIC Website

Unless indicated otherwise:

• all intellectual property rights (including copyright) in the Material are owned by the Commonwealth of Australia (Commonwealth Material); and
• Commonwealth Material may be used in accordance with the Creative Commons Attribution 4.0 International (CC BY 4.0 ) licence.

This licence allows you to:

• share – copy and redistribute the material in any medium or format; and
• adapt – remix, transform, and build upon the material for any purpose, even commercially;

Provided you attribute – give the appropriate credit (the name of the creator and attribution parties, a copyright notice, a licence notice, a disclaimer notice and a link to the material), provide a link to the licence and indicate if changes were made.  You may do this in any reasonable manner, but not in a way that suggests the licensor endorses you or your use.

Material not available under the licence and terms described above

The permission to use Commonwealth Material above does not apply to:

• any logos, including the ELLIC logo, the ESA logo or the Australian Government Department of Education logo;
• any design elements of the ELLIC Website;
• any other Material protected by a trade mark; and
• any Material that is owned by a third party (not owned by the Commonwealth of Australia).

Third-party-owned Material

The ELLIC Website contains Material, such as images, licensed from third parties.

Material that is owned by a third party (that is, not owned by the Commonwealth of Australia) is listed on the Acknowledgements Page of the ELLIC Website (Acknowledgements Page).

Unless indicated otherwise on the Acknowledgements Page, You may use Material that is owned by a third party for the purposes of ELLIC only.

Licence fees not payable to statutory agencies

Where you use the Material in accordance with these Terms of Use, you do not need to comply with the requirements of any statutory licence (for example, pay royalties to a copyright collecting society such as the Copyright Agency) for that Material.

Links to external websites

The ELLIC Website contains links to third-party websites. A third-party website means a website that is owned and/or operated by a party other than ESA or the Australian Government.

Links to third-party websites are provided for convenience only. ESA and the Australian Government:

• are not liable for third-party websites;
• do not control third-party websites;
• are not responsible for the material on third-party websites or the ability to use, or not use, them;
• make no representations with respect to the intellectual property rights in the content of third-party websites;
• do not endorse or control the content on third-party websites or any associated organisation, product or service; and
• do not have the power to change any third-party websites.

You acknowledge and agree that your access and use of third-party websites is governed by the terms of use on that website and is at your own risk. You should exercise your own independent skill and judgement before you rely on the content on a third-party website. It is your responsibility to read and comply with any terms of use and legal notices that apply to third-party websites.

The ELLIC website contains links to third-party websites which, at the time of linking, were perceived as being relevant and of educational value. However, as content on third-party websites is not controlled by the ESA or the Australian Government, such content may change over time without the knowledge of the ESA or the Australian Government. If you discover content on a third-party website that is inappropriate or wish to raise any concerns regarding a linked third-party website please contact ESA at [email protected] as soon as possible. ESA and the Australian Government endeavour to link to third-party websites that are openly licensed for educational use (for example, licensed under a Creative Commons licence). However, some third-party websites may not be openly licensed for educational use. Copying and communicating material from those third-party websites by educational institutions may attract Copyright Agency fees under the Copyright Act (Cth). Copyright Agency fees are payable by the relevant State or Territory government. To the extent possible, third-party websites that are not openly licensed are indicated by the words 'May be subject to Copyright Act statutory licence'.

Disclaimer and liability

The Material is provided for your information only and you are responsible for ensuring that the Material is current, complete and accurate before using it.

ESA and the Australian Government have endeavoured to ensure all Material provided is accurate and up to date, however Material is provided to you on an 'as is' and 'as available' basis and you use it at your own risk. The ELLIC website is not a substitute for independent professional advice and you should obtain appropriate professional advice relevant to your particular circumstances.

To the extent lawful, ESA and the Australian Government:

• exclude all warranties in respect of the ELLIC Website and the Material; and
• are not liable for any loss or damage however caused resulting from the use or inability to use the ELLIC Website and/or the Material or caused to your computer or any other property as a result of your use of the ELLIC Website
• are not responsible for any loss, damage, liability or expense suffered by you or anyone else arising from your use of the ELLIC Website and/or the Material.

Contact

If you have any questions about the Terms of Use please contact ESA at [email protected]