Terms and Conditions

1. Licence Agreement

This Licence Agreement is between Early Childhood Australia (ECA) (hereafter referred to as the Publisher) and those who are being given access to materials via the Outdoor Pedagogy Portal for Victorian Educators on the ECA website (hereafter referred to as the Customer).

• The online resources that you (the Customer) are about to access are copyright protected and are the property of ECA (the Publisher). All rights reserved. In all countries, there are civil and/or criminal laws against copyright infringements. By downloading, copying, installing, accessing or otherwise using ECA Publication(s) and Modules and associated materials, you agree to be bound by the terms of this Licence Agreement.
• As the Customer, you are responsible for ensuring that the terms and conditions of this Licence Agreement are adhered to fully.
• If you (the Customer) fail to abide by these terms and conditions, or violate any other terms of this Licence Agreement, the Publisher reserves the right in its sole discretion to suspend or terminate access to its electronic resources immediately and without notice, in addition to any other available remedies.
• Nothing in this Licence Agreement shall, in any way, exclude, modify or affect any of the Customer’s rights under the Australian Copyright Act 1968 or any statutory instruments made there under, or any amending legislation.

2. Access, registration and account security

• Your access to content on this portal provides you (the Customer) a non-exclusive, non-transferable licence to use the Outdoor Pedagogy Portal for Victorian Educators on the ECA website and its available content.
• In the case of a subscription taken out by a company, service, school or any other organisation, the subscribing organisation will be responsible for the provision of individual users’ personal details for account set-up as well as acceptance of the Publisher’s terms and conditions and Privacy Statement respectively. The provision of this user-information implies that the individual user has accepted the terms and conditions and Privacy Statement.
• You (the Customer) are only permitted to store ECA’s electronic Publication(s), Resources and associated materials on the local drive of your own personal or employer-allotted individual computer at your workplace, with access only for your use. The Customer is not permitted storage and/or access to/on the local area network, wide area network, intranet or internet without the prior written permission of ECA (see Clause 3). Institutions and organisations, including libraries and subscription agencies, are not permitted to distribute the materials provided through the Outdoor Pedagogy Portal for Victorian Educators on the ECA website in any form.
• Maintaining the security of User-Accounts is important to ECA. You (the Customer) agree to maintain the confidentiality of your User-Account(s) (including passwords), and agree to not authorise any other person to access your User-Account(s).
• When accessing the Outdoor Pedagogy Portal for Victorian Educators on the ECA website, you (the Customer) will not do, or attempt to do, any of the following:
  • Gain unauthorised access to any part of the Outdoor Pedagogy Portal for Victorian Educators on the ECA website or any other system, network or server connected to the portal or any content, information, material or documentation contained hereon, including by hacking or any other means.
  • Use the Outdoor Pedagogy Portal for Victorian Educators on the ECA website to obtain, trace or exploit the information, including personal information, of any user or Customer connected to the portal.
  • Breach or circumvent any security or authentication measures on the Outdoor Pedagogy Portal for Victorian Educators on the ECA website or any other system, network or server connected to the portal.
  • Use any software, process or other means to interfere with the working of the Outdoor Pedagogy Portal for Victorian Educators on the ECA website in any way.
• Use the Outdoor Pedagogy Portal for Victorian Educators on the ECA website platform for any purpose that is illegal or breaches these terms and conditions.
• You (the Customer) will take all reasonable steps to ensure that the use and access of the Outdoor Pedagogy Portal for Victorian Educators on the ECA website comply with the obligations set out in these terms and conditions.
• The Publisher reserves the right to terminate any registration/account of the Outdoor Pedagogy Portal for Victorian Educators on the ECA website at any time, if the account-user has breached any of ECA’s terms and conditions.

3. Usage restrictions

The materials provided through the Outdoor Pedagogy Portal for Victorian Educators on the ECA website may NOT be used for any: (i) fee-for-service use, including providing access to or selling copies of items, (ii) systematic supply or distribution of portions of, or items from, the online version of the materials in any form, regardless of whether or not such service is done for compensation, or (iii) similar commercial or marketing activity.

• The Customer may:
  • search, view, retrieve and display the materials
  • print copies of the EDL electronic fact sheets for sharing with colleagues, students, families and carers.
• The Customer may not:
  • remove or alter the authors’ or presenters names or the copyright notices or other means of identification or disclaimers as they appear in the material(s) accessed through the Outdoor Pedagogy Portal for Victorian Educators.
  • upload or distribute any part of the material(s) accessed through the Outdoor Pedagogy Portal for Victorian Educators onto any electronic network, including—without limitation—the internet and the World Wide Web
  • transmit electronic copies of the material(s) or portions of the material(s) to others (except EDL fact sheets via newsletters, as outlined).
• The Publisher’s express, prior written permission must be obtained in order to:
  • use all or any part of the material(s) available on the Outdoor Pedagogy Portal for Victorian Educators for any commercial use.
  • systematically distribute the whole or any part of material(s) from the Outdoor Pedagogy Portal for Victorian Educators to anyone
  • publish, distribute or make available the material(s) from, or works based on, the Outdoor Pedagogy Portal for Victorian Educators, or works that combine them with any other material, other than as permitted in this Licence Agreement
  • alter, abridge, adapt or modify the material(s) from the Outdoor Pedagogy Portal for Victorian Educators, except to the extent necessary to make them perceptible on a computer screen, or as otherwise permitted in this Licence Agreement—for the avoidance of doubt, no alteration of the words or their order is permitted.
  • transfer any of your rights and obligations under these terms and conditions to anyone else—the Publisher’s rights and obligations under these terms and conditions are freely assignable by the Publisher.

4. Amendments to terms and conditions

• ECA (the Publisher) reserves the right to amend the terms and conditions from time to time. The Customer’s continued use of the Outdoor Pedagogy Portal for Victorian Educators platform, following such notification, will represent agreement to be bound by the terms and conditions as amended.
• If the Publisher fails to enforce any of these terms and conditions, it will not be considered a waiver. Any amendment to, or waiver of, these terms and conditions will be made in writing and signed by the Publisher.

5. General terms and conditions

• You (the Customer) acknowledge and agree that any access to, or use of, the Outdoor Pedagogy Portal for Victorian Educators is at your own risk.
• ECA (the Publisher) does not make any representations or warranties about the availability, functionality or performance of the Outdoor Pedagogy Portal for Victorian Educators and its material(s), or the accuracy, completeness or currency of any of the content or data accessible through the Outdoor Pedagogy Portal for Victorian Educators.
• The Publisher will not be liable to you (the Customer) for indirect, consequential or special damages, including loss of revenue or anticipated profits, loss of goodwill, loss of business or loss of data due to the use of the Outdoor Pedagogy Portal for Victorian Educators platform or its material(s).
• If any part of these terms and conditions is found to be unenforceable, the remaining parts will remain in full force and effect.
• Nothing in these terms and conditions will prevent the Publisher from complying with any law.

6. Support services and problem-reporting

• For queries related to platform use or troubleshooting, ECA (the Publisher) provides support from its National Office based in Canberra (ACT) during normal working hours: 9.00 am to 5.00 pm from Monday to Friday, excluding ACT Public Holidays. Please visit our website or contact our Customer Service team:
  Email:  customerservice@earlychildhood.org.au
  Telephone: 1800 356 900 during business hours.
• For any difficulties concerning the terms of this Licence Agreement, or questions regarding ECA copyright, you (the Customer) may contact ECA:
  Telephone: 1800 356 900 during business hours
  Email: customerservice@earlychildhood.org.au.