Terms of Service
1 General
1.1 Legal Agreement
These Terms of Service constitute the entire agreement between you, an individual user or single entity, and International Education Services Ltd an Australian corporation (ACN 010 844 005), trading as Professional International Education Resources ("PIER"), covering your use of the Agency Finder application, which incorporates Google Maps ("Agency Finder"). We will refer to ourselves in these Terms of Service as "PIER", "we" or "us".By accessing or using the Agency Finder you agree to be bound by:
- these Terms of Service as set out below;
- our Privacy Policy , which is available at [insert address]; and
- Google's Terms of Use, which are available at http://code.google.com/apis/maps/terms.html.
1.2 The Agency Finder
- The Agency Finder is a directory of information relating to education institutions, agencies and agents. The information is provided by the institutions, agencies and agents and/or collected by us.
- Where the Agency Finder includes a link to another website, we do not accept any responsibility for the content of that third party website. If you suffer any damages from visiting another site or using a product or service from that site, we are not liable.
- We reserve the right to modify, change, suspend, limit or disconnect any aspect, feature or functionality of or relating to the Agency Finder at any time, without notice. Without limiting the foregoing, we have the right to interrupt the availability of the Agency Finder from time to time, as and when we deem appropriate, to perform maintenance relating to the Agency Finder.
- We own the copyright and other intellectual property rights in the compilation of data made available via the Agency Finder.
1.3 No representations or warranties
While we make every effort to maintain accuracy and completeness of all the information in the Agency Finder, we are providing the Agency Finder and its contents on an 'as is' basis. We make no representations or warranties of any kind with respect to the Agency Finder or its contents. To the maximum extent permitted by law, we disclaim all such representations and warranties. In addition, we do not represent or warrant that the information accessible on the Agency Finder is accurate, complete or current. You should independently check the accuracy of the information on the Agency Finder before relying on it. We do not recommend or endorse any agent, agency or educational institution when making information available about them in the Agency Finder.1.4 Indemnity
We provide you with free access to the Agency Finder. You agree to indemnify us for all losses, liabilities, damages, costs and expenses (including without limitation reasonable legal fees) that we may suffer or incur arising out of or relating to your use or misuse of the Agency Finder or breach of this Terms of Service, or in respect of any claim made or legal or regulatory action brought against us arising out of or relating to your conduct or your use or misuse of the Agency Finder or breach of this Terms of Service.1.5 Problems
If you notice any information which is incorrect or out of date, or have any other comments or questions about the Agency Finder, please contact us on the details below, and we will endeavour to deal with your query as soon as possible.
In the event that you consider your copyright has been infringed, please see the process set out at 5 below.
1.6 Corporation
If you are a corporation, or have entered into this agreement on behalf of a corporation, you acknowledge that the corporation is responsible for ensuring that all of its employees and agents comply with these Terms of Service.
1.7 Severability
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
1.8 Jurisdiction
This Terms of Service is governed by and construed in accordance with the laws of Queensland, Australia and by using the Agency Finder you agree that any dispute or controversy between us relating to the Agency Finder will be subject to the jurisdiction of the courts of Queensland, Australia and their courts of appeal.
1.9 Contact Details:
We can be contacted at:
495 Boundary St
Spring Hill QLD 4000
Australia
info@pieronline.org
www.pieronline.org
The Agency Finder and all software and intellectual property related to the Agency Finder are copyright 2010 International Education Services Ltd. All Rights Reserved.
2 This clause 2 also applies if you access and/or use the Agency Finder:
You warrant that:
- you will only use the Agency Finder to locate education institutions, agencies or agents;
- you will use the service in a reasonable and responsible manner;
- you will not attempt to overload the Agency Finder nor use the Agency Finder for illegal purposes, including but not limited to harvesting email addresses for the purpose of sending spam; and
- you will not download or copy a material part of the Agency Finder data.
3 This clause 3 also applies if you input or edit data in the Agency Finder:
3.1 Account
- In order to input or edit data intended to be displayed as part of the Agency Finder ("Data") into the Agency Finder, you must create an account with us, including selecting a unique username and password.
- If you are the representative of an organisation, you warrant that you have the authority of that organisation to enter or edit Data.
- You are fully responsible for maintaining the confidentiality of your username and password, and for all activities that are conducted through or under your account.
- You must not transfer, sell, rent, lend or otherwise dispute of your username or password (or attempt to do any of the foregoing).
- You must inform us immediately if you suspect or become aware of a breach of security relating to your account and you must change your password.
- We hold any personal information you provide in accordance with our Privacy Policy. You warrant that the Data you provide is not your personal information or the personal information of anyone else.
3.2 Data
- You acknowledge that Data provided by you may be incorporated into the Agency Finder, and will then become accessible to any person who accesses the Agency Finder.
- We may, for any reason, not publish some or all of your Data on the Agency Finder. In addition, we may verify your Data with related third parties prior to publishing the Data (for example, if you are an agency and state that you are connected to a particular educational institution, we may contact that institution to verify that connection prior to publication).
- We may also remove your Data from the Agency Finder at any time and for any reason.
3.3 Warranties
You warrant that:- all Data is accurate, current and complete, is owned by you and is not false or fraudulent information;
- no part of the Data is your proprietary or confidential information or the proprietary or confidential information of any other person;
- you will update that data in the event that the information changes;
- you will only edit information in the Agency Finder which you input into the Agency Finder, or which you have been authorised by the author to edit; and
- you will not attempt to overload the Agency Finder nor use the Agency Finder for illegal purposes.
3.4 Licence
- You grant to us a royalty-free, perpetual, irrevocable, non-exclusive, transferable right (including any moral rights) and licence to use, reproduce, modify, adapt, reformat, translate, create derivative works from, distribute, communicate to the public, perform and display the Data provided by you (in whole or in part or as part of a compilation, whether such compilation is created by you or others) throughout the world and/or to incorporate in any other works in any form, media or technology now known or later developed, for the full term of any copyright or other intellectual property rights which may exist in the Data, and to transmit or distribute the Data over public networks and various media and to make changes to the Data which are required to meet the technical requirements of any network, device, service or media, for the purpose of enabling provision of the Agency Finder to end users.
- We do not asset any ownership over your Data, rather, as between us and you, subject to the rights granted to us in paragraph (a) above, you retain full ownership of all of your Data and any intellectual property rights or other proprietary rights associated with your Data. You agree that we are not responsible for protecting and enforcing those rights on your behalf.
4 This clause 4 also applies if you include the Agency Finder on your website:
- We provide the Agency Finder to you, for use on your website, without charge.
- We reserve the right to modify, change, suspend, limit, disconnect or withdraw any aspect, feature or functionality of or relating to the Agency Finder at any time, without notice.
- As between us and you, we retain full ownership of all of the Agency Finder and all data in the Agency Finder and any intellectual property rights or other proprietary rights associated with the Agency Finder.
- Subject to compliance with these Terms of Service, we grant you a personal, non-transferable, revocable and non-exclusive licence to publish the Agency Finder on your website. We may terminate this right to use the Agency Finder on your website on reasonable notice, and you agree to remove the Agency Finder from your website in such circumstances.
- You may not charge a fee for access to the Agency Finder.
- Use of the Agency Finder by visitor to your website will be governed by these Terms of Service, and you agree to provide a link to these Terms of Service on your website.
- You must inform us if you include the Agency Finder on your website, including providing us with the URL of the page where it is located.
5 DMCA Copyright Notice
5.1 Infringement of Copyright
The Digital Millennium Copyright Act ("DMCA") provides remedies for owners who believe that any material posted on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material posted or transmitted on or through the Agency Finder infringes your copyright (in any jurisdiction), you or your agent may send us a notice requesting that the material be removed, or access to it blocked. Any such notice must include the following:- Identify in sufficient detail the copyrighted work that you believe has been infringed upon;
- Identify the material that you claim is infringing the copyrighted work listed in item (a) above;
- Provide information reasonably sufficient to permit us to contact you (email address is preferred);
- Provide information, if possible, sufficient to permit us to notify the person who posted or transmitted the allegedly infringing content (email address is preferred);
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law";
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;"
- Sign the notice; and
- Send the written notice to 495 Boundary St Spring Hill QLD Australia 4000, or send us a facsimile copy to +61 7 3832 9850, Attn: Legal Compliance Administrator, or by email to info@pieronline.org.
5.2 Liability
Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating accounts. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the relevant account holder so that he or she may make a counter notification. We may also document notices of alleged infringement on which we act, and we have the right to publish or communicate any notices or counter-notices.5.3 Counter Notification
When we receive a counter notification, we may reinstate the material in question. Any such counter-notice must include the following:
- identify the material or posting that has been removed or to which we have disabled access;
- Provide your name, address, telephone number, and email address, and any other information required by the DMCA;
- Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.";
- Sign the counter-notice; and
- Send the written notice to 495 Boundary St, Spring Hill QLD Australia 4000, or send us a facsimile copy to +61 7 3832 9850, Attn: Legal Compliance Administrator, or by email to info@pieronline.org.