By downloading a business.gov.au Really Simple Syndication ("RSS") Feed ("Feed")
from the Commonwealth of Australia - represented by the Department of Industry,
Innovation, Science, Research and Tertiary Education ("Department of Industry") - you agree to be bound by the terms set out
below (the "Standard Licence Terms"). These Standard Licence Terms may be
updated by the Department of Industry from time to time. Please review these Standard Licence Terms
regularly. Your download and/or use of a business.gov.au Feed indicates your
agreement to these Standard Licence Terms.
1. Licence
1.1 Subject to the terms of this Agreement the Department of Industry grants you a
non-transferrable, non-sublicensable, royalty free non-exclusive licence to
display on your website ("Site") the headlines, active links or other source
identifiers and other information or materials that you specifically select to
receive from business.gov.au via the Feed ("business.gov.au Content").
1.2 All title, ownership rights and intellectual property rights in and to the
Feed shall remain the property of the Commonwealth and/or the responsible
Australian, State and Local Government department or agency.
1.3 Nothing in these Standard Licence Terms grants you any right to use the
business.gov.au trade mark or logo for any other purpose than branding the RSS
feed or content.
2. Use of business.gov.au Content
2.1 You may not use the Feed or display any business.gov.au Content on any type
of web site that is excluded by the Department of Industry (scroll down for the list of Excluded
Websites as may be amended by the department from time to time).
2.2 You must ensure that all business.gov.au content on your site has an
accreditation to business.gov.au in accordance with the accreditation
guidelines (scroll down for the accreditation guidelines as may be amended by
the Department of Industry from time to time).
2.3 You may not directly or indirectly charge users specifically for accessing
business.gov.au content or otherwise commercialise such content, nor attempt to
re-sell the business.gov.au content in any way.
2.4 Where possible you must create a functional link back to the business.gov.au
web-site as summarised by the business.gov.au content. If you are displaying
the business.gov.au Feed where a functional link back to business.gov.au is not
possible, you must display on-screen the URL from which business.gov.au content
can be obtained (scroll down to the accreditation section below.) You may not
directly or indirectly change, edit, add to or produce summaries of the
business.gov.au Content or any content on the business.gov.au website nor place
any full-story business.gov.au content in an HTML frame-set.
2.5 You may not directly or indirectly suggest any endorsement or approval by
business.gov.au of your Site or any non-business.gov.au entity, product or
content or any views expressed within your site or service.
2.6 You acknowledge that business.gov.au has absolute editorial control over all
business.gov.au content and you accept that business.gov.au is editorially
independent and that the editorial integrity of the business.gov.au content is
the sole responsibility of business.gov.au.
2.7 Should you receive any enquiries which relate to business.gov.au or
business.gov.au content you should promptly refer such enquiries to
www.business.gov.au.
3. Warranties & Liability
3.1 You warrant to business.gov.au that:
(i) you have fully complied with, and shall continue to comply fully with, all
applicable laws and regulations;
(ii) the Site shall contain no material which is libellous, defamatory,
pornographic, obscene or which brings business.gov.au into disrepute, or which
is in breach of any third party intellectual property rights; and
(iii) users of the Site shall be required to comply with terms that are
equivalent to the Standard Licence Terms in relation to their use of
business.gov.au Content.
3.2 The business.gov.au Feed is made available by the Department of Industry on an "as is" and "as
available" basis and business.gov.au gives no warranty of any kind in relation
to the feed, the content, or any content on the business.gov.au website. To the
extent permitted by law, the Department of Industry disclaims all implied warranties, including but
not limited to the implied warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility, and accuracy regarding the
business.gov.au Content, the business.gov.au Feed and the business.gov.au
website and any content thereon.
3.3 To the maximum extent permitted by law business.gov.au excludes all
liability to you for any loss or damage howsoever arising out of or in
connection with this agreement, including but not limited to any liability
arising in relation to the business.gov.au feed, the business.gov.au content or
any content on the business.gov.au website, any virus or other contamination or
any unavailability of business.gov.au content.
3.4 Each provision of this Clause 3 operates separately in itself and survives
independently of the others.
4. Indemnity
4.1 You hereby agree to indemnify, hold harmless and defend the Commonwealth of
Australia in respect of all damages, costs and expenses, including reasonable
legal fees and litigation expenses, arising out of or as a result of any breach
of the Standard Licence Terms or otherwise in connection with your use of the
Feed (including the Content).
5. Termination
5.1 You may terminate this Agreement and the licence granted herein at any time
by destroying or removing all copies of the business.gov.au Feed (including the
content) from your Site, all hard drives, networks and other storage media.
5.2 The Department of Industry may restrict, suspend or terminate the business.gov.au feed, this
Agreement, the licence granted herein or your access to the business.gov.au
feed at any time without liability. You agree to destroy all copies of the Feed
(including the Content) upon receiving notice of termination from the Department of Industry.
5.3 Clauses 3, 4 and 6 shall survive termination of this Agreement.
6. General
6.1 Neither party may assign, charge, sublicense or otherwise deal with its
rights or obligations in this Agreement in whole or in part to any third party.
6.2 This Agreement supersedes all prior agreements, arrangements and
understandings between the parties concerning its subject matter. Each of the
parties acknowledges that it has not relied on any statement made by the other
in the course of entering into this Agreement.
6.2 (a) Subject to Clause 6.2b
6.2 (b) Despite Clause 6.2 (a), where the Commonwealth and a party to this
Agreement have entered into a "Memorandum of Understanding - business.gov.au -
Content Syndication Project" (MOU), that MOU shall continue to apply and shall
operate in conjunction with the Agreement, unless the MOU is terminated in
accordance with the MOU's provisions.
6.3 Any failure or delay by either party in exercising its rights under any
provisions of this Agreement shall not be construed as a waiver of those rights
at any time now or in the future.
6.4 You acknowledge that when entering into this Agreement, you shall not be
infringing any of your employer's policies and rules for use of your employer's
Information and Communications Technology (ICT) systems and resources.
6.5 This Agreement shall be governed by, construed and take effect in accordance
with the law in force in the Australian Capital Territory (ACT) and the courts
in the ACT shall have exclusive jurisdiction to settle any claim or dispute
which may arise out of or in connection with this Agreement.
Excluded Websites
The business.gov.au RSS feeds and any content contained in the feeds may only be
displayed on websites that do not fall into any one or more of the categories
listed below. A site will be deemed to fall within one of the following
categories where there is a material and prominent section of the Site that
falls within such category.
1. Sites that incite hatred whether based on race, religion, gender, sexuality
or otherwise, or promote encourage or facilitate anti-social behaviour
2. Sites that promote, encourage or facilitate violence
3. Sites that promote, encourage or facilitate terrorism or other activities
that risk Australian national security
4. Sites that discriminate against any specific social group or otherwise
exploit vulnerable sections of society
5. Sites that promote, facilitate or encourage illegal activity
6. Sites which are misleading, pornographic, defamatory, or that contain
illegal, or otherwise actionable content under Australian law
7. Sites which infringe individual privacy.
Accreditation Guidelines
Any business.gov.au RSS feed or content on your site must incorporate an
attribution (credit) to business.gov.au in one of the following forms:
-
"Brought to you by business.gov.au", or
-
"This content / article is from the business.gov.au website" (delete as
applicable)
If you are displaying a business.gov.au RSS feed in a context where a functional
link back to the article on the business.gov.au website is not possible then
you must use the following attribution (credit)
