Do the Bright Thing - Terms of Use

Home > Terms of Use

You agree that your Use of the bright thing website at www.brightthing.energy.qld.gov.au (Website) provided by the State of Queensland acting through the Department of Employment, Economic Development and Innovation ABN 24 830 236 406 (DEEDI) is governed by these terms of use. If you do not accept these terms of use you must exit this Website immediately. Your Use of the Website constitutes your acceptance of these terms of use. TESTING

If you are under 18 years

1.: If you are under 18 years old, you must have a parent or guardian read and agree to these terms of use for you.

Your Obligations

2.

You will only use the Website for personal use in accordance with these terms of use. You will not use the Website for commercial or unlawful purposes and will comply with all applicable laws and regulations.

3.

You warrant and agree that you will not submit any information to the Website (User Content) that is inappropriate or unsuitable for publication, including:

(a)

that is the subject of ongoing legal investigation or ongoing legal proceedings;

(b)

that is, or that includes any content that is unlawful, fraudulent, inaccurate, false, misleading or deceptive;

(c)

that is, or that DEEDI may deem to be:

(i): in breach of any intellectual property rights, privacy, publicity or other rights, or that discloses the confidential information of others;
(ii): defamatory, libelous, indecent, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, insulting, harassing, threatening, provocative, hateful (whether towards a certain group of people or otherwise), or discriminatory;
(iii): inciting hatred or objectionable on the basis of race, religion, gender, nationality or sexuality or other personal characteristic;
(iv): not suitable for children aged under 15; or
(v): otherwise inappropriate or unsuitable for publication;

(d)

that is not directly related to solar energy;

(e)

that contains viruses or causes injury or harm to any person or entity;

(f)

that contains any links to or addresses for commercial or private websites or emails; or

(g)

that includes any personal information of yourself or any other person or groups, other than as expressly requested by DEEDI.

4.

You warrant and agree that you will not misuse the Website.

Rights in the Website

5.: DEEDI owns, or is licensed to use the intellectual property rights in the Website and any information or trade marks on the Website (excluding User Content).
6.: You are not granted any rights in or to the Website or any information or trade marks on the Website (excluding your User Content) other than the limited right to use the Website according to these terms of use.

Your User Content

7.: You agree that you are fully and solely responsible for your User Content (even if moderated or edited by DEEDI) and the consequences of publicly posting it to the Website.
8.: Copyright in your User Content will be owned by you (subject to the rights of any third party), and will not vest in DEEDI solely as a result of the publication of your User Content on the Website.
9.: By submitting User Content, you grant to DEEDI a royalty-free, irrevocable, non-exclusive licence (including the right to transfer and sub-licence) to use your User Content in any manner except for commercial purposes. You warrant that you have the full authority to grant these rights and, if any other person has intellectual property rights in your User Content, you warrant that you have obtained all necessary consents.
10.: If you have any moral rights as defined in the Copyright Act 1968 (Cth) in respect of your User Content, you waive your moral rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of your User Content, you must ensure that they agree to this clause in respect of their moral rights before you submit your User Content.
11.: DEEDI does not warrant that your User Content will be protected against loss, misuse or alteration by third parties. DEEDI does not warrant that you will not suffer loss or diminution of any intellectual property rights in relation to your User Content.

User Content provided by third parties

12.: Any User Content is not to be taken as implying an endorsement or approval by DEEDI of that User Content or the activities of any entity. You must make your own inquiries and seek independent advice before relying on any information on the Website.

Use at your own risk

13.

You acknowledge that:

(a): third parties provide information and User Content to the Website;
(b): DEEDI does not approve or endorse any third party websites that are linked from the Website, the third parties, or any content on those websites, unless specifically stated;
(c): while DEEDI reserves the right to monitor transmissions to the Website, it is under no obligation to do so (apart from any obligation which may be imposed by operation of law and which is not able to be excluded); and
(d): DEEDI is not obliged to update any information on the Website, nor give notice if DEEDI becomes aware of any inaccuracy, incompleteness or change in the information.

14.

Your access to and use of the Website is at your own risk. To the extent permitted by law, all representations and warranties concerning the Website and User Content are excluded, including as to:

(a): the accuracy, completeness, currency or suitability for your purpose of information on the Website or User Content or that reasonable care has been taken in its preparation;
(b: the non-infringement of third party rights;
(c): the absence of viruses or other contaminating or destructive properties in the Website or User Content, the server on which the Website is hosted or the software used to gain access to the Website; and
(d): any reference on the Website or User Content to a website operated by a third party and access to or the contents of the website.

Website Monitoring

15.: Despite clause 23(c), DEEDI reserves the right to, at any time, for any or no reason, in its absolute discretion edit, to refuse to publish, or to remove any User Content.

Privacy

16.: DEEDI must comply with the Information Privacy Act 2009 (Qld) (IPA).
17.: DEEDI may collect your personal information detailed in your User Content to publish it on the Website, to maintain the Website and to respond to any issues raised in the User Content. The personal information will be used for the purposes for which it has been provided and may be disclosed to other areas of DEEDI in order to assist DEEDI in its functions. Your personal information will not be disclosed, except for publication on the Website, to any other third party without your consent, unless required by law or for the purpose of the IPA. Any personal information you provide will be treated in accordance with DEEDI Privacy Statement located at: http://www.deedi.qld.gov.au.

Liability and Indemnity

18.: DEEDI does not accept any liability for the content of any User Content.
19.: You release DEEDI and its employees and agents from and against all actions, claims, proceedings or demands and in respect of any loss, death, injury, illness or damage (whether personal or property, and whether special, direct, indirect or consequential, including consequential financial loss) arising out of use of the Website, User Content or any linked website.
20.: To the full extent permitted by law, DEEDI and its employees and agents will not be liable to you for any special, indirect or consequential damages, including consequential financial loss arising out of use of the Website, User Content or any linked website.
21.: You indemnify DEEDI and its employees and agents from and against all liability, loss, costs and expenses (including legal fees, costs and disbursements on a solicitor and own client basis) incurred in connection with: (a) use of the Website, any linked website or User Content; (b) any default by you under these terms of use; (c) any wilful or negligent act or omission by you or any person for whose conduct you are liable; (d) death, injury, loss or damage suffered by you; or (e) any infringement or alleged infringement of any intellectual property rights or moral rights (as defined in the Copyright (Moral Rights) Act 2000) in respect of the Website. Your liability to indemnify DEEDI will be reduced proportionally to the extent that any negligent act or omission or breach of these terms of use by DEEDI caused the loss or liability.

Changes to the terms of use and Website

22.: DEEDI may amend these terms of use at any time without notice.

General Provisions

23.: In this terms of use: (a) headings are for convenience only and do not affect interpretation; and (b) unless expressly stated otherwise, "includes" in any form is not a word of limitation.
24.: Any term which is held to be illegal, invalid or unenforceable will be severable.
25.: Your access to the Website and these terms of use, are governed by Queensland law.