ASG Website User Terms
At 30 October 2020
The Australian Style Guide™
Plain English Foundation Pty Ltd (PEF/we/us/our) owns and runs the www.australianstyleguide.com website.
We provide the Australian Style Guide™ (ASG) as an online reference tool for those individuals and organisations who register as users (you/your). You are welcome to browse the guide and adopt its advice in your writing.
As a registered user, you agree to:
You accept our terms, policies and disclaimers when you use the ASG, so please read them carefully. If you don’t agree with them, please don’t use the site.
1. What is a registered user?
Accessing the ASG
We need some basic information from you, like an email address, to set up your account. When you’re a registered site user, you can use your account to sign in and:
- access the ASG
- view our style advice and any other resources we make available to you.
Keeping your account confidential
Our Privacy Policy explains how we will handle any information we collect.
You will need to keep your account password confidential.
You cannot assign or transfer your user rights or obligations.
2. How can I use the site’s content?
Understanding our intellectual property rights
Please assume everything you see is protected by copyright and we own that copyright.
You can only use our website content in line with our Copyright and Intellectual Property Rights Agreement.
Please read it, as you accept and agree to its terms by continuing to use this website.
3. What are the rules for site conduct?
Avoiding harmful content
You agree that you will not use the ASG to upload, post, email or otherwise transmit:
- content that is illegal, threatening, abusive, defamatory, libellous, harmful, obscene, actionable or legally objectionable
- content that invades PEF’s or another person’s privacy
- content that breaches IP rights, including PEF’s or another’s patents, trademarks, trade secrets, moral rights, copyright or publicity
- unsolicited promotional material, junk mail, spam, chain letters, pyramid schemes or political campaigning material
- content with software viruses or computer codes, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of ICT software or hardware.
Protecting the site’s functionality
You must not:
- copy, store or host material with, or linked to, malicious computer software such as spyware, computer viruses, Trojan horses, worms, keystroke loggers or rootkits
- subvert ASG functionality or not follow its requirements, procedures and policies, or those of the networks it is connected to
- do any systematic or automated data collection like scraping or data mining, extraction and harvesting without our written consent.
Using email appropriately
Please do not send unsolicited emails to us.
You must not:
- use a false email address, impersonate any person or entity on the site, or otherwise mislead others about the origin of ASG content
- falsely state or misrepresent an affiliation with us or another
- harass our directors, our staff or another ASG user
- impersonate a person or an entity, including our officers, directors, affiliates, staff, contractors, contributors, representatives, third party content providers and licensors.
4. What happens if I submit content or link to the site?
Submitting content as a registered user
User content is material such as text or images that you submit to ASG through our contact channels.
We are not liable for any statements, representations or other content other users post on our website. We may remove, screen or edit such content.
You are responsible for creating and keeping back up copies of content you post on the website.
You must not submit material to the site that is or has been the subject of any threatened or actual legal proceedings or other similar complaint.
See our Copyright and Intellectual Property Rights Agreement for how we handle feedback from you about the site.
Linking to ASG
If you link to ASG, please let us know for our own records. We will treat the information you give us in line with our Privacy Policy.
You must not:
- use our trademarks or frame any of the trade marks, logos or other proprietary information without our express written permission
- modify the site, or frame or reformat its files, pages, images, information and materials on another site.
We’re not liable for, and you indemnify us against, any loss, damage or expense from you linking to ASG.
We can stop allowing an agreed link by telling you.
5. What are the disclaimers?
Using the site at your own risk
You use ASG at your own risk. While we make every effort to ensure the site material is current, accurate and reliable, we cannot guarantee this and are not liable if it is not. We also don’t endorse material on a linked or mentioned site.
We can change the site at any time, even if it means you will need to change your equipment to access it.
This disclaimer applies to PEF, our officers, directors, affiliates, staff, contractors, contributors, representatives, third party content providers and licensors of ASG content, products and services.
Accepting loss or damage
This disclaimer covers loss or damage because:
- you rely on the suitability, accuracy and reliability of ASG and any third party material
- there is a website failure, error, omission, interruption, deletion or defect
- we do not correct a defect
- a computer virus or a component causes damage, or data is lost
- there is a delay in site operation or transmission, or a communication line fails
- issues arise from e-commerce transactions such as wrong credit card details, or incomplete or delayed transactions.
It also covers loss or damage because:
- a third party acts illegally, like by hacking, stealing or destroying content, or accessing or altering records
- you access a third party site or server through our email or website (linking to a third party like a social media site is at your own risk)
- a third party’s conduct is defamatory, threatening, offensive or illegal, or material is published about or causes such conduct
- we breach our Privacy Policy, other than doing so willfully.
6. How about liability and indemnity?
Limiting liability
To the maximum extent allowed by applicable law, we’re not liable to you:
- for loss or damage of any kind, however caused (including by negligence), through you using ASG and its products and materials
- if your computer system, software or data is damaged or interfered with because you use ASG
- for lost profits, lost data, business interruption or other damages, including consequential, special or indirect damages.
Accepting liability
Unless the law requires, we are not liable for a product or service we supply to you for free or if you buy a product that does not suit your needs.
To the extent the law allows, our total liability to you (if any) under ASG terms and conditions for loss, damage or reliance is limited:
- for goods: to replacing or repairing them or their equivalent, or paying to have them or their equivalent replaced or repaired
- for services: to supplying them again, or paying to have them resupplied.
In any event, to the maximum the law allows, our aggregate liability to you for the lost or damaged product or service will not be more than the fees you paid us for it, no matter how any loss or damage occurs.
Indemnifying us against loss
You agree that you indemnify us, including our directors, employees, agents and affiliates, from and against any action, liability, cost, loss and damage (including legal fees) that you, we or a third party suffers because you, your employees or your agents:
- breach the ASG terms, disclaimers and policies
- infringe our intellectual property rights or those of a third party linked on the site
- have a dispute with a third party from using the site
- break any laws or regulations that apply.
7. Can these Terms be ended?
Despite any other terms of this Website User Terms agreement, we reserve the right, without notice and in our sole discretion, to terminate your account and block your use of this site.
You can end your agreement to our Website User Terms at any time by cancelling your account.
On termination, you must destroy all materials, including all copies, you obtain from the ASG site and our other sites.
8. What other terms apply?
The laws of New South Wales and the non-exclusive jurisdiction of the NSW courts govern this agreement. If:
- any provision is waived, it must be in writing and signed by the parties
- any part is illegal or unenforceable, it will be removed without affecting the remaining parts
- a party does not enforce any rights or delays in enforcing them, this will not be deemed a continuing waiver or an agreement modification.
9. Any feedback or complaints?
Please contact us with any comments or complaints. We really appreciate your feedback.
