Terms and Conditions

Terms and Conditions

Terms and Conditions

  1. Background

These terms and conditions (“Terms”) govern your use of the Holocaust Education Australia website (“Website”). You are responsible for reading and understanding these Terms prior to using the Website or accessing any of the HEA Content.

By using the Website, you agree to be legally bound by these Terms, which may be amended or updated at any time. By continuing to access the Program you continue to be bound by these Terms as amended from time to time.

If you do not accept these Terms, you are not permitted to and must not use the Website or access any of the HEA Content or Programs.

  1. Definitions

Unless expressly provided otherwise, in these Terms:

  • “Account” means an account created by a teacher or other authorised individual for the purpose of accessing the Program through the Website.
  • “Account Holder” means the creator of an Account.
  • “HEA”, “us”, or “we” means Holocaust Education Australia and includes its related entities, directors, officers, employees, agents, volunteers and advisors.
  • “Content” means any content, documents or materials that appear on the Website including (but not limited to) still or moving images, videos, sound recordings or other audio-visual materials, artistic works or written works including any related Intellectual Property Rights that are owned exclusively by HEA.
  • “Intellectual Property Rights” means copyright including all moral rights, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trade marks, logos, rights in databases, registered and unregistered designs, look and feel, trade secrets, circuit layouts and all other rights resulting from intellectual activity in, but not limited to, the industrial, scientific, literary or artistic fields and includes moral rights.
  • “Program” means the Holocaust Education Australia educational program, including its Content, that is made available to Account Holders for the purpose of being used in educational environments to educate students on bullying, racism, bias, cultural intolerance and associated issues.
  • “Privacy Policy” means the privacy policy of HEA in respect of the Program (as amended from time to time), the current version of which can be accessed at the following link: [insert].
  • “Student” means a student given access to a Program by an Account Holder.
  • “Terms” means these terms and conditions.
  • “Website” means https://www.clickagainsthate.org.au/ and includes any version of the Website (including any “app” or similar version) that is able to be viewed or accessed on any type of device, including but not limited to tablet devices, and unless the context requires otherwise, includes all related services.
  • “you” and “your” and means the person reading these Terms or such other terms or policies adopted in accordance with these Terms.
  1. Creating an Account

A teacher or other individual authorised by a school or educational organisation can create an Account to access the Program through the Website.

In order to create an Account, you must provide certain personal information including your name, email address, the school or educational organisation that you represent and your state or territory.

You may choose to delete your Account at any time by contacting HEA, however this will mean that you can no longer access the Program.

To create an Account you must not be a person that HEA has prohibited from using the Website or accessing the Program.

  1. Accessing the Program

After you have created an Account, you will be permitted to access the Program and share this with Students.

To share the Program with Students, the Program will contain instructions to create a unique web link that can be sent to Students. Students will then be able to access the Program through the unique link and will interact with it anonymously, such that their use of the Program is not monitored or recorded and no personal information is collected about Students accessing the Program.

You acknowledge that your use of the Program, and your ability to facilitate Students’ access to the Program must be performed in accordance with these Terms.

  1. Rules for use of the Program

In order to create an Account, access the Program or Content or interact with the Website other than as a Student, you must:

  • be over 13 years of age;
  • only use the Website to administer the Program;
  • not use the Website for any unlawful purpose and not to violate any applicable local, state, national or international law;
  • not copy, download, make available, communicate to the public, share or otherwise use the Content other than for the purpose of administering the Program with students; and
  • not infringe the Intellectual Property Rights of HEA or others.

You acknowledge that, without limiting any other remedy we may have, we reserve the right to restrict access to the Program or close any Account that breaches these Terms.

  1. Intellectual Property Rights

HEA is the exclusive owner of all Intellectual Property Rights in the Content and the Program made available through the Website. This includes all copyright material.

You may only access and view Content for the purpose of administering the Program.

You must not:

  • adapt, reproduce, store, distribute, print, display, perform, publish, reverse engineer or create derivative works from any Content;
  • commercialise or on-sell any information, content, products or services obtained from any part of the Content;
  • mirror or frame the Website or any part or page of the Website; or
  • use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Content or generate or compile any document, index or database based on the Content.

Requests and enquiries regarding HEA’s copyright material should be directed to:

Copyright Officer

If you are a recognised media outlet or a commercial online publication, you may use Content subject to you obtaining HEA’s written consent and acknowledging HEA as the source of the relevant material re-published by you. If you would like to use any of HEA’s copyright material, please direct your request to the Copyright Officer above.

  1. Privacy, security of information and data integrity

HEA will take all reasonable steps to ensure the security of the Website. Our policy on the collection, use and disclosure of your personal information is set out in our Privacy Policy which forms part of these Terms.

If you are an Account Holder, you must keep your account details secure and confidential and not provide those details to any third party under any circumstance unless required by law. You may not transfer your rights as an Account Holder to any other person or provide another person with your Account details.

HEA will collect, store, use, disclose, protect and otherwise handle your personal information (and the personal information of others) in accordance with our Privacy Policy. Nevertheless, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot guarantee the security of any information which you transmit to us. Accordingly, any information which you transmit is at your own risk. Nevertheless, once we receive your personal information, we will take reasonable steps to protect such information.

You understand and acknowledge that the Program is provided on an “as is” and “as available” basis. While we will use reasonable endeavours to provide the Website and Program to you, you acknowledge that it may not be continuous or fault-free and may not be corrected in a timely manner or otherwise. The Website may contain bugs, errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including without limitation, servers, computers, tablets and smart phones) connected to your device.

  1. Disclaimer and indemnity

HEA monitors the quality of the information contained within the Content or in a Program on the Website and notes that the Program is designed for use in the classroom in a teaching and learning context managed by educators. HEA does not make any representation or warranty about the accuracy, reliability, currency or completeness of any Content or any other information on the Website or as part of the Program.

HEA makes every effort to ensure that the Programs are accurate and up-to-date, you should exercise your own independent skill and judgement before you rely on it. The Content does not constitute or contain legal advice in any form and is for informational purposes only. Accessing the Program is not a substitute replacement or alternative for obtaining independent professional advice relevant to your particular circumstances.

By using, administering and/or accessing the Website or any of the Programs, you acknowledge and agree that:

  • HEA is not liable for any loss resulting from any action taken or reliance made by you on any information or Content on HEA;
  • your access and/or use of the Website and the Programs are at your own risk; and
  • the Programs and Website are provided “as is”.

Subject to your rights and remedies under the Australian Consumer Law, HEA does not represent, or warrant and makes no guarantees that they will always be safe and secure, and that the Website or any Content will be available uninterrupted or error free or that any defects in the Website will be corrected in a timely manner or otherwise.

To the maximum extent permitted at law, you agree to indemnify, and keep indemnified, HEA against any and all liabilities, costs (including legal charges), claims, loss, demands or damages directly or indirectly related to or connected with:

  • your breach of these Terms; or
  • infringement by you of a third party’s Intellectual Property Rights.
  1. Limitation of liability

To the maximum extent permitted at law, you acknowledge and agree that HEA will not be liable to any person for, and you forever release and discharge us from any claims that you have now or may have against us, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business.

To the maximum extent permitted at law, we also disclaim all warranties and representations, whether express or implied. We do not control or direct what people and others do and say, and we are not responsible for their actions or conduct (whether online or offline), or any content that is shared (including offensive, inappropriate, obscene, unlawful or other objectionable content). Nothing in these Terms is intended to or has the effect of restricting, limiting or modifying your rights and remedies under the Australian Consumer Law.

  1. Warnings

You must ensure that your access to the Website is not illegal or prohibited by laws or policies (such as employers’ usage policies) that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility or liability for any interference or damage to your own computer which arises in connection with your use of the Website or any linked website or service and which is not attributable to HEA.

  1. Termination and prohibition of access

If we form the view there is a breach or threatened breach of these Terms by you, we reserve the right to suspend or terminate your access to the Website or your Account without notice. To the maximum extent permitted at law, these Terms survive such suspension or termination.

HEA reserves the right to ban any person from using the Website on the basis of past or threatened breaches of these Terms.

  1. Severability

Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the enforceability of other provisions.

  1. Waiver

Any failure or delay by us to enforce or exercise a power or right or provisions of these Terms will not constitute a waiver of those rights or provisions, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.

  1. Amendment

HEA reserves the right to put in place and adopt any further additional terms and policies that it considers reasonable and necessary and to revise these Terms at any time.

We will notify you by email to the email address linked to your account when amendments are displayed on the Website. Amendments will be effective immediately upon notification on the Website. If you do not agree to the revised terms, you may cancel your Account.

However, your continuing use of the Website and administration of the Program will be taken as acceptance of any amendments to the Terms or additional terms and policies that HEA reasonably require.

  1. Governing Law

These Terms are governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to these Terms or any other matter concerning the operation of the Website.

  1. Effective Date

These Terms are effective on and from 28 August 2025.