Welcome to Discovery in Action
1.2. Your access and use of the Website and any products, services, information, text, graphics, materials, software (including third party software) and other content available on the Website (“Website Material”) is subject to these legally binding terms and conditions. Please read these terms and conditions carefully before proceeding any further.
2. Your use of the Website
2.1. You must not violate or attempt to violate the security of the Website. You must not hack into the Website, DIA’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
2.2. You are solely responsible for the security of all user names and passwords used by you to access the Website and conduct any transaction available via the Website. DIA will not be responsible for any unauthorised access to the Website or misuse of any user names or passwords, except to the extent that: (a) the unauthorised access or misuse was caused by DIA’s negligence or wilful misconduct; or (b) DIA is otherwise unable to exclude its liability by law.
2.3. You must notify DIA of any change in user name or password, any suspected or actual unauthorised access to a user name or password, or if a person is no longer entitled to use a user name or password.
2.4. DIA reserves the right to cancel a person’s user name or password at any time.
3. Website availability
3.1. From time to time the Website may be unavailable for access or use. DIA will work within reason to limit the amount of time the Website is unavailable.
3.2. DIA will not be liable for any loss or damage you incur as a result of any Website unavailability except to the extent that: (a) the loss or damage was caused by DIA’s negligence or wilful misconduct; or (b) DIA is otherwise unable to exclude its liability by law.
4. Intellectual Property
4.1. Reproduction of part or all of the contents (in any form) of the Website and the Website Material is prohibited other than for individual use only and such content must not be recopied or shared with any third party. The permission to recopy by an individual does not allow for incorporation of Website Material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
4.2. Unless otherwise noted, the Website Material is protected as the copyright, trade dress, trade marks and/or other intellectual properties owned by DIA, or by other parties that have licensed their material to DIA.
4.3. You must not use any of the trade marks or brand names of DIA without DIA’s prior written consent. You must not do anything which may harm the goodwill in the trade marks and brand names of DIA.
4.4. All rights not expressly granted are reserved.
5. Links to and from third party sites
5.1. The Website or Website Materials may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under DIA’s direct control and DIA accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Website). Your access to those third party sites and use the site’s products and services is at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by DIA of the third party sites or the products or services provided on the sites.
6.1. DIA cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume the risk of use of programs and files on the Website.
7. Warranty and Disclaimer
7.2. In particular, while DIA has taken care in creating and maintaining the Website, DIA does not warrant or represent that the Website or the Website Material is free from errors or omissions, free from any computer viruses or other defects, or that user access to the Website will be continuous or uninterrupted.
8. Limitation of liability
8.1. Neither DIA nor any of its affiliates, subsidiaries, related bodies corporate, directors, officers, employees, agents, contractors, successors or assigns (collectively “DIA’s Related Bodies”) will be liable for any damages, economic loss or other loss whatsoever arising out of, or in any way related to, the use or access of the Website or the Website Material except to the extent that: (a) such loss or damage was caused by DIA’s negligence or wilful misconduct; or (b) DIA is otherwise unable to exclude its liability by law. This limitation applies to direct, indirect, consequential, exemplary, incidental, special, punitive or any other losses or damages that you or others may suffer, as well as damages for loss of profits, goodwill, use, business interruption or the loss of data or information.
8.2. To the fullest extent permitted by law, DIA’s and DIA’s Related Bodies’ liability for breach of any implied condition, warranty or undertaking which cannot be excluded is limited, at the option of DIA, to:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
(b) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
8.3. The limitation of DIA’s liability applies whether the claim is in contract, tort, or equity and even if DIA has been notified of the possibility of such loss or damage. You agree that DIA’s and DIA’s Relates Bodies’ liability, if any, to you at law will be reduced by the extent, if any, to which you contributed to the loss.
9.1. You indemnify DIA in respect of any liability incurred by DIA for any loss, cost, damage or expense caused by, or suffered by DIA as a result of your breach of these terms and conditions or your negligence or wilful misconduct.
10. Force Majeure
10.1. DIA will not be liable for a failure in the performance of its obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond DIA’s reasonable control.
11. Applicable Law
11.1. Your use of the Website and the Website Material is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of the Website are exclusively subject to the jurisdiction of the courts of Victoria, Australia.
12. Overseas Access
12.1. The Website may be accessed throughout Australia and overseas. DIA makes no representations that the Website or the Website Material complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
Our Commitment to Privacy
We fully support the ‘National Privacy Principles’ found in Schedule 3 of the Privacy Act 1988 (Cth). We believe that this Statement will address any potential concerns you may have about how personal information you provide Discovery in Action® is collected, held, used, corrected, disclosed and transferred.You can obtain more information on request about the way we manage the personal information we hold. If you seek any further information please contact us in one of the ways set out below.
Collection (DiA Program participants)
In the course of providing access to this web site and other activities associated with the delivery of the Discovery in Action® program, we will collect and hold personal information, such as your work contact details.
We only collect personal information for purposes which are directly related to our functions and activities; for example to notify program participants of activities to complete in between program sessions, sending our ‘DiA Monthly Leadership Tips newsletter’ and further information related to the content covered in the program.
We will only collect personal information by lawful and fair means, from your employer upon commencement of a Discovery in Action® program, or when we email or phone you to respond to a request from you for information.
We take steps to ensure that the personal information we collect is accurate, up to date and complete. These steps include maintaining and updating personal information when we are advised by individuals that their personal information has changed, and at other times as necessary.
Use and Disclosure
We only use personal information for the purposes for which it was given to us, or for purposes which are directly related to one of our functions or activities.
We will not give it to other government agencies, organisations or anyone else unless one of the following applies:
Access and Correction
If you ask, we will tell you what personal information we hold about you, and what we do with it.
If you request access to the personal information we hold about you, or request that we change that personal information, we will allow access or make the changes unless we consider that there is a sound reason under the Privacy Act, Freedom of Information Act 1982 (Cth) (FOI Act) or other relevant law to withhold the information.
If you can show us that the personal information is inaccurate, we will take reasonable steps to correct it.
Individuals can obtain further information about how to request access or changes to the information we hold about them by contacting us.
Email – email@example.com
Melanie Eyres – 0413 485 350
Paul Eyres – 0413 021 209
We will take reasonable steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse. When no longer required, personal information is destroyed in a secure manner or deleted.
Additional Privacy Information
Further information on privacy in Australia may be obtained by visiting the web site of the Office of the Federal Privacy Commissioner at http://www.privacy.gov.au.
Our website may contain a number of links to other websites. We are not responsible for the privacy practices of the operators of these websites.
DiA Monthly Leadership Tips Newsletter
We send a monthly leadership tips newsletter once a month. This is sent to current and alumni DiA program participants, and anyone else who freely signs up to receive it. The purpose of our free newsletter is to showcase some of our blogs on leadership and working with others, our ‘once a month’ ‘bite-sized’ chunks of practical leadership wisdom! We use mailchimp for this newsletter. https://mailchimp.com/
When subscribing by clicking the links on the DiA website, we require your first and surname, email address and organisation name. All other fields are optional. We will use your first name and email address to contact you by email. By clicking the button to subscribe to our emails, you will be agreeing to this use of your personal data. When you subscribe, we’ll also record your “IP Address” – this helps us to guess at your approximate location, so that we can send emails to you at a time that is convenient for you.
We will not use your name or email address for any other purpose, nor will we pass it on to anyone else. All receivers of the monthly newsletter – current and alumni DiA program participants, and those who sign-up via the website, can unsubscribe at any time by clicking the unsubscribe link at the bottom of any email that we send you.