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Terms of Use



1. Legal effect of these Terms of Use

1.1 This website contains the Japan Art Directory in Australia, a directory of Japanese artists and their works, and artworks with Japanese themes by other artists. This website and the Japan Art Directory in Australia (collectively referred to as "JAD") is operated by the Japan Foundation, Sydney ("JFS"), a branch of the Japan Foundation. The JFS and the Japan Foundation are not-for-profit organisations established by the Japanese government.

1.2 These terms, together with any additional terms, notices and disclaimers contained elsewhere on this website (together the "Terms of Use") comprise the conditions on which you may have access to and use of content and other services of the JAD.

1.3 In these Terms of Use, the JFS is referred to as we, us or our. Users and/or browsers of the JAD are referred to as you and your.

1.4 Your continued access and use of the JAD constitutes your ongoing acceptance and acknowledgment of the Terms of Use, as amended from time to time.  If you object to any of these conditions, you must immediately discontinue your access to and use of the JAD.

1.5 We may vary these Terms of Use at any time.  We will give notice of any variations of the Terms of Use to you by posting the revised Terms of Use on the JAD.  Your continued use of the JAD after such notice will constitute acceptance of the variation.


2. Services we provide

2.1 All content and other services on the JAD are provided in good faith and we will use reasonable endeavours to ensure that they are accurate, complete and current as at the date of publication. However, we make no warranty as to the relevance, reliability, accuracy or completeness of such content and services.  You use such content and other services at your risk and should not rely on them as advice or recommendations.

2.2 The JAD may contain hyperlinks to websites operated by a third party.  Those websites are not part of the JAD and, unless otherwise indicated, are not under our control.  We have no responsibility for the contents of any such linked websites, and you access them at your own risk.  We have not checked the accuracy or completeness of the information or the suitability or quality of the content of any such linked websites.  You must make your own enquiries directly with the relevant third party before relying on the third party information or entering into a transaction in relation to any such linked websites.  You should check with the third party whether there are additional charges and terms which may apply.

2.3 We do not endorse expressly or impliedly any person, organization, artwork, product, or service. appearing on the JAD or any third party site accessible by the third party website links on the JAD.


3. Your conduct

3.1 You are responsible for all equipment, software, network and services used to access the JAD and information or services on it.

3.2 You must take your own precautions to ensure that your equipment, software, network and services, and whatever you take from the JAD is free of viruses or other damaging codes.

3.3 You must not:
(a) use the JAD for any activities, or post or transmit to or via the JAD any information or materials, which breach any laws, infringe a third party's rights, or are contrary to any relevant standards or codes;
(b) use the JAD in a way which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying the JAD;
(c) use our services to send unsolicited bulk electronic mail messages or chain letters to anyone;
(d) impersonate any person or make any fraudulent or speculative enquiries, bookings, reservations or requests using the JAD;
(e) post or transmit via the JAD or via any other third party website linked to the JAD, any unlawful, defamatory, harassing, threatening, menacing, obscene, indecent, offensive, inflammatory or pornographic material, or material that could give rise to civil or criminal proceedings;
(f) tamper with, hinder the operation of or make unauthorised modifications to the JAD;
(g) knowingly transmit any virus or other disabling feature to the JAD; or
(h) attempt any of the above acts or permit another person to do any of the above acts.

3.4 We may, but have no obligation to, monitor your use of the JAD.


4. Use of your information and material

4.1 We are committed to respecting your privacy and the confidentiality of your personal information.

4.2 We may collect personal information about you and your activities on the JAD. The primary purposes for which we collect this information are to gather statistics on the use of the JAD and to market our services and other items and events that may be of interest to you.

4.3 We will not disclose your personal information to any other person for any other purpose unless we have your consent to do so.

4.4 Should you have any questions relating to your privacy, please contact us by writing to us at artdirectory@jpf.org.au or Shop 23, Level 1, Chifley Plaza, 2 Chifley Square, Sydney NSW 2000.


5. Copyright and trade marks


5.1 Copyright in the JAD and its content belongs to us or our licensors.

5.2 You are provided access to the JAD only for your personal and non-commercial use. Subject to applicable laws, you may not, without our permission:
(a) reproduce, store, distribute, perform, communicate to the public, adapt or create derivative works from any part of the JAD; or
(b) commercialise any information or services obtained from the JAD.
Trade marks

5.3 The trade marks used on the JAD are our trade marks or the trade marks of a third party.

5.4 Nothing on the JAD should be construed as granting any licence for you to use any trade mark without the permission of the owner.

6. Disclaimer and limitation of liability

6.1 To the extent permitted by law, we exclude all warranties, conditions and representations about the JAD, the availability of the JAD for your access and use or the services and the information provided on the JAD.

6.2 Our services are subject to guarantees granted by the Competition and Consumer Act 2010 (Cth) that cannot be excluded. If we breach a guarantee in a way that is a major failure, then you would be entitled to have the service provided again and compensation for any other reasonably foreseeable loss or damage. If we breach a guarantee in any other way, then we may choose to perform the service again or pay for the cost of doing so. You agree that it is fair and reasonable for us to rely on this clause.

6.3 To the extent permitted by law, we and our officers, employees, agents or related bodies corporate will not be liable in any way (including in contract, for negligence or otherwise) for any loss, damage, costs or expenses suffered by you or claims made against you in connection with:
(a) your use of the JAD;
(b) any lack of availability, interruption, delay in operation, virus, Internet access difficulties, or equipment malfunction in relation to the JAD;
(c) any failure to provide the JAD; or
(d) any services or information supplied, offered or advertised on the JAD.


7. Termination

7.1 We may at any time, without notice or compensation to you, suspend, limit or terminate:
(a) any service provided on the JAD; or
(b) all access and use of the JAD.


8. General

8.1 These Terms of Use are governed by the law in force in New South Wales, Australia. Both you and we irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them.

8.2 If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

8.3 Any exercise of our right does not prevent us from exercising that right again or any other right. Neither the exercise of a right nor a delay in the exercise of a right operates as an election or variation of these Terms of Use.