Disability Standards for Education resources
Disability Standards for Education resources

Terms of Use

Last updated: 17 January 2019

Use of the Nationally Consistent Collection of Data on School Students with Disability Portal (NCCD Portal) is subject to the Terms of Use set out below. Please read and ensure you understand these Terms of Use prior to using the NCCD Portal. If you proceed to use the NCCD Portal, your use will be taken as acceptance of these Terms of Use.

Education Services Australia Limited (ESA) may amend these Terms of Use from time to time. You are responsible for regularly reviewing them. Your continued use of the NCCD Portal 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 ESA and any NCCD Portal user.

The NCCD Portal is funded by the Australian Government Department of Education, Skills and Employment and managed by ESA.

Ownership and use of ESA material

Unless indicated otherwise:

  • all intellectual property rights (including copyright) in the material on the NCCD Portal are owned by ESA; and
  • material on the NCCD Portal which is owned by ESA may be used in accordance with the Creative Commons Attribution 4.0 International (CC BY 4.0) licence.

    Creative Commons Attribution logo

    This licence allows you to:

    • Share – copy and redistribute the material in any medium or format; and
    • Adapt – remix, transform, and rebuild upon the material, even commercially;

    provided you:

    • Attribute (give appropriate credit, provide a link to the licence and indicate if changes were made by you; and
    • do not apply legal terms or technological restrictions that legally restrict others from doing anything this licence permits.

Material not available under the CC BY 4.0 licence

The CC BY 4.0 licence does not apply to:

  • any logos including the NCCD logo, the ESA logo or the Australian Government Department of Education logo;
  • any other material protected by a trade mark;
  • certain third-party-owned material (where specified); and
  • the design of the NCCD Portal.

University of Canberra material

Material specified as owned by the University of Canberra may only be used as follows:

  • for Disability Standards for Education e-learning material: Australian school communities may use this material for undertaking specific online training in the Disability Discrimination Act 1992 and the Disability Standards for Education 2005 available on the NCCD Portal and accessible via a username and password; and
  • for Disability Standards for Education: A Practical Guide for Individuals, Families and Communities material: Individuals, families and communities may use, reproduce, modify, distribute, and communicate (but not exploit) the material for the purpose of receiving guidance, support and information in relation to the Disability Discrimination Act 1992 and the Disability Standards for Education 2005.

Third-party material made available under a Creative Commons licence

Some third-party-owned material may be made available for use under a Creative Commons licence other than CC BY 4.0. Please refer to relevant use statements about specific material, and links to relevant Creative Commons licences on the NCCD Portal where the relevant third-party-owned material appears.

Third-party material not available under a Creative Commons licence

Any other third-party-owned material that is not indicated as being made available under a Creative Commons licence may be used, reproduced, modified, performed, distributed, and communicated for educational purposes.

Acknowledgements for certain third-party material

Licence fees not payable to statutory agencies

Where you use material on the NCCD Portal 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 third-party websites

The NCCD Portal contains links to third-party websites not controlled by ESA. Links to third-party websites are provided for convenience only and ESA is not responsible for the material on them or the ability to use or not use, them. You acknowledge and agree that your use of third-party websites is governed by the terms of use on that website and is at your own risk. It is your responsibility to read and comply with any terms of use and legal notices that apply to third-party websites. Please contact ESA at [email protected] This link will open in a new window if you wish to raise any concerns regarding a linked third-party website.

Password

If you register as a user of the NCCD Portal (Registered User), you agree to keep your Registered User password secret and confidential. If you have reason to believe that your password is no longer secure (for example, if it has been lost or stolen), you must immediately reset your password via the forgotten password page.

Using the NCCD Portal discussion forum

All posts which you make to the NCCD Portal discussion forum and for which you own the copyright will be made available to other users in accordance with the CC BY 4.0 Licence. This licence allows anyone to copy, distribute, transmit, and adapt your post royalty-free and even commercially, provided they attribute your authorship each time they do any of those things.

Posting

Only Registered Users may post to the NCCD Portal discussion forum. The name you registered will appear when you post to the NCCD Portal discussion forum.

If you are a Registered User, you may post content to the NCCD Portal discussion forum, provided that you comply with the following requirements. The content you post must not:

  • be illegal, obscene, defamatory, or threatening;
  • infringe intellectual property rights, invade privacy or be otherwise injurious or objectionable;
  • promote any product, cause, or political candidate or party;
  • be misleading or false;
  • contain viruses or other computer files, or programs designed to interrupt, limit or destroy the functions of other computer software or hardware; or
  • interfere with the contributions of any other registered user's contribution to or use and enjoyment of the NCCD Portal discussion forum.

By posting content to the NCCD Portal discussion forum, you promise that:

  • you either own or otherwise control all of the rights to that post, including all the rights necessary for you to provide, post, upload, input, or submit the post;
  • the content you supply does not violate these Terms of Use; and
  • that you will indemnify and hold ESA harmless for any and all claims resulting from your posts.

ESA is under no obligation to monitor, filter, censor, edit or regulate content posted to the NCCD Portal discussion forum, nor is it obliged to refuse to post content. However, ESA reserves the right to:

  • edit or remove your post without prior notice;
  • terminate your access to the NCCD Portal discussion forum if ESA considers you are breaching any of the Terms of Use; and/or
  • co-operate with and notify any law enforcement authorities and disclose information including the identity of any person in respect of your content that may violate any relevant laws.

Liability for posts to the NCCD Portal discussion forum

You are solely responsible for all posts made, and the consequences of posting, to the NCCD Portal discussion forum. ESA is not responsible or liable for your posts to the NCCD Portal discussion forum.

ESA will not be liable for any errors or omissions or loss or damage of any kind incurred as a result of use of any content posted on the NCCD Portal discussion forum. You must evaluate and bear all risks associated with the use of any post, including any reliance on the accuracy, completeness, or usefulness of such post.

Disclaimer and liability

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

ESA has compiled the material on the NCCD Portal in good faith and has endeavoured to ensure that all material is accurate and does not breach any entity’s rights at the time of its inclusion. However, the material may contain unintentional errors and is provided ‘as is’.

To the extent lawful, ESA:

  • excludes all warranties in respect of the NCCD Portal and its content;
  • is not liable for any loss or damage however caused resulting from the use or inability to use the NCCD Portal or caused to your computer or any other property as a result of your use of the NCCD Portal; and
  • will not be liable for any damages arising from the use of or inability to use the NCCD Portal or any content available on it.

You acknowledge and agree that your access to, and use of, the NCCD Portal is at your own risk.

Where liability cannot be excluded, the entire liability of ESA and your exclusive remedy, is resupply of the NCCD Portal and/or its content.

Security

The NCCD Portal uses the internet to provide services and information. By using the NCCD Portal you acknowledge and agree to accept all risks associated with using the internet, including potential exposure to harmful code which may affect your device.

Whilst ESA aims to maintain the security of all of its systems, ESA does not warrant or guarantee the security of the NCCD Portal. You are responsible for the security of your device including the data stored on it and for ensuring that your device has up-to-date software to detect and manage the threat posed by harmful code.

Termination

If a Registered User does not comply with these Terms of Use, depending on the nature of your non-compliance, ESA may either:

  • request that you cease your non-compliance and if you fail to do so, ESA may terminate your access to the registered user section of the NCCD Portal; or
  • immediately terminate your access to the registered user section of the NCCD Portal by email notice to you.

Contacting ESA

Requests and enquiries concerning these Terms of Use should be directed to:

Education Services Australia, PO Box 177 Carlton VIC 3053

[email protected], Tel: 1300 291 119

If your query is about how particular material on the NCCD Portal may be used, contact [email protected]

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