Terms of Use for nova.org.au

Welcome to nova.org.au (the Site). These Terms of Use (the Terms) form a legally binding agreement between you and the operator of the Site (we, us, our) governing your access to and use of the Site, its content, and any related features, tools, or services (collectively, the Services). By accessing or using the Site, creating an account, or submitting any content, you agree to be bound by these Terms and all applicable Australian laws and regulations. If you do not agree, you must not use the Site.

The Site is intended for users in Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for compliance with local laws. You represent that you are at least 18 years of age, or that you have the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. If you are using the Services on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms. We may update these Terms from time to time by posting a revised version on the Site with an updated effective date. Your continued use of the Services after changes take effect constitutes your acceptance of the updated Terms. For any questions, please contact [email protected].

Access, Accounts, and Acceptable Use

We grant you a limited, revocable, non-exclusive, and non-transferable licence to access and use the Site for lawful purposes in accordance with these Terms. We may modify, suspend, or discontinue any part of the Services at any time without notice. We do not guarantee continuous, uninterrupted, or error-free access and may impose limits on certain features or restrict access without liability. You are responsible for obtaining and maintaining all equipment, software, and internet access needed to use the Services, and for any associated charges.

To use certain features, you may be required to create an account. You must provide accurate, current, and complete information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly if you suspect unauthorised access or any security breach. We reserve the right to refuse, suspend, or terminate any account at our discretion, including for breach of these Terms, suspected fraudulent activity, or to protect the security or integrity of the Services.

Do not use the Services for any unlawful, harmful, defamatory, abusive, harassing, discriminatory, misleading, or deceptive conduct.
Do not infringe or violate the intellectual property, privacy, publicity, or other rights of others.
Do not upload, transmit, or distribute malware, spyware, viruses, or other harmful code, or engage in phishing or hacking.
Do not attempt to circumvent security features, test the vulnerability of our systems without written permission, or interfere with the proper working of the Services.
Do not scrape, harvest, index, or collect data from the Site by automated means without our prior written consent, or use bots to access or use the Services.
Do not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Services except to the extent permitted by law.
Do not impersonate any person or entity, misrepresent your affiliation, or submit content you do not have the right to share.
Do not post spam, unsolicited promotions, or commercial messages without our written consent.

We may remove content, restrict functionality, and cooperate with law enforcement if we believe there is a risk of harm or unlawful activity. We also reserve the right to moderate or pre-screen content at our discretion, though we are not obligated to do so. You acknowledge that online transmissions are never completely secure or private and that any message or information you send may be read or intercepted by others.

Content, Intellectual Property, and Privacy

Unless otherwise stated, we and our licensors own all rights, title, and interest in and to the Site and its content, including text, graphics, designs, logos, images, audio, video, software, compilations, and the selection and arrangement of the foregoing. All such materials are protected by Australian and international intellectual property laws. Except as expressly permitted by these Terms or by law, you must not copy, reproduce, adapt, modify, translate, publish, display, distribute, sell, license, or create derivative works from any part of the Services without our prior written consent.

When you submit, upload, post, or otherwise make content available on or through the Services (User Content), you retain your ownership rights. You grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence to host, reproduce, store, display, perform, translate, adapt, modify (for formatting and technical purposes), distribute, and otherwise use your User Content for the purpose of operating, improving, promoting, and providing the Services. You represent and warrant that you have all necessary rights to grant this licence, that your User Content is accurate and lawful, and that its use by us will not infringe the rights of any person. To the extent permitted by law, you consent to us doing any act or omission in relation to your User Content that may otherwise infringe your moral rights.

If you believe material on the Site infringes your copyright or other rights, please contact us at [email protected] with sufficient details to identify the material and your rights. We may remove or disable access to allegedly infringing content and may terminate repeat infringers’ accounts where appropriate. The Services may include links to or integrations with third-party sites or content for your convenience. We do not control, endorse, or assume responsibility for any third-party content, products, services, terms, or privacy practices, and your use of them is at your own risk. Information on the Site is provided for general information only and is not professional advice. You should obtain independent professional advice before relying on any information made available through the Services.

Consumer Guarantees, Disclaimers, and Liability

Nothing in these Terms excludes, restricts, or modifies any rights, guarantees, or remedies you may have under the Australian Consumer Law and other applicable legislation that cannot be excluded, restricted, or modified by agreement (Non‑Excludable Rights). Subject to the Non‑Excludable Rights, the Services are provided on an “as is” and “as available” basis and, to the maximum extent permitted by law, we exclude all warranties, representations, and conditions, express or implied, including any as to accuracy, completeness, merchantability, fitness for a particular purpose, availability, security, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

To the maximum extent permitted by law and subject to your Non‑Excludable Rights, we exclude all liability for any loss, damage, costs, or expenses (including indirect or consequential loss, loss of profits, revenue, goodwill, data, or business interruption) arising out of or in connection with the Services, these Terms, or your use of or inability to use the Services.
Where our liability under the Australian Consumer Law cannot be excluded but may be limited, our liability is limited, at our option, to resupplying the relevant services or paying the cost of resupplying them.
You agree to indemnify and hold harmless us and our officers, employees, and contractors from and against any claims, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to your use of the Services, your User Content, or your breach of these Terms or applicable law.
We are not responsible for the conduct of other users. If you choose to interact with other users or third parties, you do so at your own risk and you release us from any claims arising out of or connected with those interactions.
We are not liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, network or utility failures, labour disputes, or government actions.

We value your privacy. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which forms part of these Terms. We may use cookies and similar technologies to operate, secure, and improve the Services, remember your preferences, and measure performance. By using the Site, you consent to our use of cookies in accordance with your browser settings. You can usually disable cookies via your browser, but some features of the Services may not function properly if you do so.

Termination, Changes, and General Terms

We may, at any time and without notice, suspend or terminate your access to the Services (in whole or in part) for any reason, including if we believe you have breached these Terms or applicable law, or to protect other users or our systems. You may stop using the Services at any time. Upon termination, the rights and licences granted to you under these Terms will cease, but any provisions that by their nature should survive will survive, including those relating to intellectual property, disclaimers, limitations of liability, indemnities, and governing law. We may update, change, or discontinue any part of the Services or these Terms at our discretion. Changes take effect when posted on the Site unless a later effective date is specified.

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. Before commencing any formal dispute resolution, you agree to first notify us at [email protected] and attempt to resolve the matter in good faith. If a dispute is not resolved within 30 days of notice, either party may seek mediation in New South Wales. If any provision of these Terms is found to be invalid or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue in full force. No waiver of any right or remedy is effective unless in writing and signed by us. You must not assign or transfer your rights or obligations under these Terms without our prior written consent; we may assign or transfer our rights and obligations without restriction. These Terms, together with any policies referenced herein (including our Privacy Policy), constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous understandings on the subject matter.