Terms of use, disclaimer and copyright

 

Agreement between user and Industry Capability Network

The Industry Capability Network (ICN) websites are comprised of various web pages operated by Industry Capability Network, this includes all of our websites, including ICN Gateway, Procure by ICN and Perspective by ICN.

The ICN websites and products are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ICN websites and products constitutes your agreement to all such terms, conditions, and notices.

You acknowledge that you have read our Privacy Policy.

 

Authority to subscribe to ICN products

Users must have the authority to register and subscribe to ICN products and services on behalf of the business subscribing to the product.

You agree that any personal information provided to ICN as part of the registration and subscription process that relates to a third party (eg employees of the business) have been informed of our Privacy Policy and agree to ICN’s collection of information about them.

 

Modification of these terms of use

ICN reserves the right to change the terms, conditions, and notices under which the ICN websites are offered, including but not limited to the charges associated with the use of the ICN websites.

 

Links to third party sites

The ICN websites may contain links to other websites (‘Linked Sites’). The Linked Sites may not be under the control of ICN and ICN is not responsible for the contents of any Linked Site, not directly managed by ICN, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. ICN is not responsible for webcasting or any other form of transmission received from any Linked Site. ICN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ICN of the site or any association with its operators, or any associated organisation, product or service.

 

No unlawful or prohibited use

As a condition of your use of the ICN websites, you warrant to Industry Capability Network that you will not use the Industry Capability Network websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ICN websites in any manner which could damage, disable, overburden, or impair the ICN websites, or any other third party websites, or interfere with any other party’s use and enjoyment of the ICN websites or any other third party websites. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided for through the ICN websites.

 

Use of communication services

The ICN websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, ‘Communication Services’). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
  • publish, post, upload, distribute or disseminate any misleading or untruthful material or information
  • upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents
  • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer
  • advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages
  • conduct or forward surveys, contests, pyramid schemes or chain letters
  • download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
  • restrict or inhibit any other user from using and enjoying the Communication Services
  • violate any code of conduct or other guidelines which may be applicable for any particular Communication Service
  • harvest or otherwise collect information about others, including e-mail addresses, without their consent
  • violate any applicable laws or regulations.

ICN has no obligation to monitor the Communication Services. However, ICN reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ICN reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ICN reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ICN’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ICN does not control or endorse the content, messages or information found in any Communication Service and, therefore, ICN specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised ICN spokespersons, and their views do not necessarily reflect those of ICN.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

Materials provided to ICN or posted at any ICN website

ICN does not claim ownership of the materials you provide to ICN (including feedback and suggestions) or post, upload, input or submit to any ICN website or its associated services (collectively ‘Submissions’). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ICN, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ICN is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ICN’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Material for general use

The material on this website is provided for general information only, and on the understanding that ICN is not providing professional advice on a particular matter.

The material may include the views or recommendations of third parties, and does not necessarily reflect the views of ICN, or indicate a commitment to a particular course of action.

The information on the public supplier search in ICN Gateway is not suitable, nor acceptable, for the purposes of enquiring of ICN of advice for the purposes of EPBS or TCO or any other process that requires a third party to provide advice based upon advice received from ICN or its agents.

This website contains information that is intended for general use. Errors or omissions can occur in the preparation of web pages therefore, before relying on the material, users should ensure they independently verify its completeness, accuracy, relevance for their purposes and that it is up-to-date.

The user should obtain appropriate independent professional advice before any action or decision is taken on the basis of any material on contained within, or linked from, ICN websites.

 

Agreement to allow release of certain information

By using this website you are agreeing to ICN making information available to third parties. ICN may share some of your information with various third parties for the purpose of improving Australian Industry Participation in major projects and to maximise the benefits available to users. Such sharing may include, but is not limited to, providing industry wide briefings, providing reporting and analysis of Australian industry trends, and providing your details to third parties who may wish to use your products and services. By using this website you are agreeing to ICN making this information available to third parties.

 

Liability disclaimer

The information, software, products, and services included in or available through the ICN websites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ICN and/or its suppliers may make improvements and/or changes in the ICN websites at any time. Notwithstanding professional consulting advice received directly from ICN Offices, advice received via the ICN websites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

ICN and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the ICN websites for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided ‘as is’ without warranty or condition of any kind. ICN and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall ICN and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the ICN websites, with the delay or inability to use the ICN websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the ICN websites, or otherwise arising out of the use of the ICN websites, whether based on contract, tort, negligence, strict liability or otherwise, even if ICN or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the ICN websites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the ICN websites.

Service contact: info@icn.org.au

 

Termination/access restriction

ICN reserves the right, in its sole discretion, to terminate your access to the ICN websites and the related services or any portion thereof at any time, without notice.

To the maximum extent permitted by law, this agreement is governed by the laws of the Australian Capital Territory (‘ACT’) and you hereby consent to the exclusive jurisdiction and venue of courts in the ACT in all disputes arising out of, or relating to, the use of the ICN websites. Use of the ICN websites is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ICN as a result of this agreement or use of the Industry Capability Network website. ICN’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ICN’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ICN websites or information provided to, or gathered by, ICN with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ICN with respect to the ICN websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ICN with respect to the ICN websites. A printed version of this agreement, and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon, or relating to, this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

General terms of use

  • Access to and use of the products, websites, services or any other material obtained from ICN, will not be granted until all fees payable, where applicable, have been received by ICN.
  • Only password holders may use the restricted areas of ICN sites and services.
  • ICN reserves the right to alter the products from time to time. Any such changes will be advised on the relevant websites.
  • ICN may wish to update or change these terms and conditions from time to time to reflect changes in the products, changes in the law, or for other good reasons. ICN reserves the right to make these changes and you will be notified of these changes on the relevant websites.
  • You must avoid bringing the products or ICN into disrepute, avoid any tampering with ICN material and ensure that ICN intellectual property rights are protected at all times.
ICN Gateway
  • Access to, and entitlement to use, some restricted areas of ICN Gateway is by an annual subscription payable by the due date to ICN.
  • It is the subscriber’s responsibility to ensure that information provided is accurate and follows the specification and guidelines provided by ICN. Initial setup, and alterations in the future, of the subscriber’s company profile will be verified by ICN before posting onto ICN Gateway. It is the responsibility of the subscriber to load the company data ready for ICN verification.
  • Subscribers may alter their subscription level at any time as new products become available. No refunds will be made for cancelled subscriptions, or reduced usage levels, however rebates will be granted to be applied to future subscriptions where applicable.
  • ICN reserves the right to alter ICN Gateway, or change the annual subscription fee, from time to time. Any such changes will be advised on the ICN Gateway website.

 

Copyright and trademark notices

All contents of the Industry Capability Network website are: © 2010 ICNL ABN 85 068 571 513 and/or its suppliers. All rights reserved.

The material contained on this website constitutes ICN copyright and is intended for your general use and information. You may download, display, print and reproduce this material in unaltered form only (retaining this notice, and any headers and footers) for your personal, non-commercial use or use within your organisation. You may distribute any copies of downloaded material in unaltered, complete form only (retaining this notice, and any headers and footers). All other rights are reserved.

Requests for further authorisation should be directed to:
Industry Capability Network Limited
Level 1, 123/24 Lonsdale Street,
Braddon, ACT 2612

Phone: 02 6285 2033
Fax: 02 6285 2842
Email: info@icn.org.au.

 

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

 

Organisations outside Australia and New Zealand

For organisations outside Australia and New Zealand, the Premium package on ICN Gateway is available to purchase (excluding the Public Profile feature). Organisations outside Australia and New Zealand are not eligible for the Basic, Be Seen and Be Compelling packages. GST is payable on all invoices.

ICN help desk

Phone 1300 961 139 (within Australia)
Phone +61 2 6285 2033 (outside Australia)
Email helpdesk@icn.org.au