ASNSW Website Terms and Conditions of Use

1. ACCEPTING THE TERMS AND CONDITIONS OF USE

This website is owned and operated by the Astronomical Society of NSW Inc., ABN 51 807 120 936 ('ASNSW'). References to 'us' mean the ASNSW Incorporated. References to 'you' mean you, the user of the website.

You may use this website on the condition that you agree to and accept these Terms and Conditions of Use ('Terms'). By using this website, you are deemed to have accepted the Terms.

2. USE OF WEBSITE

The ASNSW owns this website and owns or is licensed to use all content and other material appearing on the website. 

Information, images and other content on this website is only intended for your own personal, non-commercial use.

In addition, you may only use this website for lawful purposes and may not use it in a way that:

  • violates or infringes the rights of others (including their privacy and/or intellectual property rights) or their ability to use this website
  • is unlawful, encourages unlawful conduct, or is in conflict with the ASNSW’s Anti-Discrimination and Harassment Policy
  • affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (including by transmitting a computer virus or other harmful component)
  • involves the unsolicited or unauthorised dissemination of electronic messages (spamming).
3. INTELLECTUAL PROPERTY
  1. The ASNSW is the owner or is an authorised user of all intellectual property on this website and of the ASNSW logo. Copyright of all submitted content remains with the author of that content and by submitting that content for use on the website, the author grants the ASNSW a licence to use that content solely for the purpose of displaying that content on this website.
  2. The ASNSW is an authorised user of the trade marks, logos, names and designs that may appear on this website in conjunction with sponsorship of the Annual South Pacific Star Party. The ownership of these trademarks, designs, brands and logos remains with the sponsoring company and no right is granted to use them in any manner.
  3. Apart from personal use, no content may be downloaded and used without specific permission from the author.  Any request for use or licensing of any content should be made to the owner of that content.
  4. The ASNSW cannot control who accesses the public portions of this website and cannot guarantee that content uploaded by members will not be downloaded and used by third parties, with or without their consent. The ASNSW cannot be held responsible if uploaded content is downloaded and used by third parties and this is a matter to be resolved between the content owner and the person or entity misusing the content.
  5. Framing of content from this site within another website is expressly not permitted unless written authorisation is received. Mirroring of this website on other servers is not permitted.
  6. The ASNSW will respond to any formal take-down notice in the event of any IP breach.
4. ADVERTISING

This website may, from time to time, include promotion of products or services provided by third parties. This does not constitute a recommendation or endorsement by the ASNSW. The ASNSW will not be held liable for any loss or damage suffered as a result of your use of any goods or services that may be promoted on this website.

5. THIRD PARTY SITES

This website may contain links to third party websites. These links are not recommendations or endorsements by the ASNSW and the ASNSW does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.

6. PASSWORDS

You must keep any password used on our site confidential. ASNSW Administrators do not have access to your password.

7. MEMBER CONTENT

Certain parts of our website may allow you to submit your own content, e.g., through blogs or member forums. In using these features, you agree to these Terms and also agree to abide by all ASNSW policies and the following points:

  1. The ASNSW does not run a buy-sell-swap forum. If Members use ASNSW Chat Rooms, Blogs or other components of the ASNSW Web Site or App to buy or sell equipment, the ASNSW has no part in that transaction.
  2. Any text, image or video content submitted to ASNSW Chat Rooms or Blogs becomes public domain once uploaded.
  3. Any discussion about software piracy on any ASNSW Chat Room, Blog or other forum is expressly prohibited by the ASNSW.
  4. Any information that you disclose on this site may become public. Due caution should be exercised before deciding to share any of your personal information or engaging in discussions about another person or entity on this site. This may include without limitation providing or publishing your address, phone number or other personal information in any post or other medium. You are legally responsible for all content that you load to the site.
  5. You warrant that you are the owner of the copyright to any content submitted or that you have been specifically licensed to publish the content on this website.
  6. The ASNSW does not review every single post on this site and are we not responsible for the content of any posted message. However, we reserve the right to modify, move, or delete any content posted if it is deemed to be in violation of ASNSW’s policies.
  7. It is to be understood that any recommendation made by any member in a post is that member’s opinion based upon their experience. The ASNSW and the member making any such recommendation cannot be held liable for the outcome of another member following that advice. Members should exercise caution and do their own research or, if necessary, seek expert advice before following any advice published anywhere on this site.
  8. All members should be treated with respect and courtesy. Members are requested not to insult or make personal attacks on other members. Posts containing personal attacks will be deleted without notice. If you feel that you have been the subject of a personal attack, please report this to the ASNSW Management Committee.
  9. Profanity/swearing is not acceptable. Use of abbreviations or symbols that can be inferred to be and/or represent strong swearing is not permitted.
  10. Any files or content uploaded to the website must not:
    1. violate any law, or regulation (including without limitation those governing pornography, false advertising, deceptive practices, or copyright);
    2. contain programming that is intended to damage this site or extract personal information of members.
  11. Any decision by the ASNSW to remove inappropriate content is final and no correspondence will be entered into. 
8. ONLINE PURCHASES
  1. Orders and Payments: Online orders for goods specified in the order must be paid for, in full, in advance, by a person of at least 18 years of age. If your card payment cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
  2. Receipt of Order: An order will be deemed received to have been received and accepted by us at the time we send an order confirmation to your nominated e-mail address.
  3. Inability to Fill an Order: If we are unable to fill your order due to shortage of stock or any other reason, you will be contacted.
  4. Refunds: A refund by EFT to your bank account can be arranged if the order cannot be filled and you decide to cancel the order.  
  5. Guarantees: All goods purchased from the ASNSW come with guarantees that cannot be excluded under the Australian Consumer Law. If you have a problem with any purchase, please contact us at your earliest convenience so that we can resolve the matter to your satisfaction.
  6. Stock Availability:  Items ordered, that are no longer available will incur an automatic refund. The ASNSW is not responsible for delays or default by suppliers of goods offered on this website.
  7. Delivery: Delivery time is subject to product availability and location. If COVID restrictions prohibit travel to obtain stock to fill your order, you will be contacted by email to advise of the expected delay. Unless otherwise stated, freight charges are payable in addition to the product price.
9. PRICES

All references to $ and dollars on the Australian website refer to Australian currency. All prices were current at the time of publication on the website. The ASNSW is not a GST-registered business, so there is no GST in any of the prices for Membership payments, apparel and badges, the Astronomy 20XX yearbook, event registrations or any other type of payment you may make on this website.

10. LIMITATION OF LIABILITY

To the maximum extent permitted by law, the ASNSW excludes any liability which may arise as a result of or in connection with the use and the contents of this website. 

You agree that the sole remedy for any claim against the ASNSW in connection with any use by you of any information on this website is to modify, replace or otherwise correct the information posted on the site. In no circumstances will the ASNSW be liable for any other damages resulting from use of this website.

11. DISCLAIMER OF WARRANTIES

The ASNSW and its members make no representations to you regarding the suitability of any content on this site for your purposes. The information is provided “as is” and it is the responsibility of the user to determine if the information provided is suitable for their purposes. 

12. PRIVACY

The ASNSW is committed to protecting your privacy. Any personally identifiable information that is collected will only be used by the ASNSW in accordance with its Privacy Policy.

13. INDEMNITY

Any users submitting and posting any content to this site or contravening the Terms are liable to us for their actions and if their actions result in legal action against the ASNSW agree to indemnify and hold harmless the ASNSW and its members against any claims, action, damages, or costs. 

14. CHANGES TO THE WEBSITE AND YOUR ACCESS

Without prior notice to you and in its absolute discretion, the ASNSW reserves the right to vary or discontinue the website or any page of the website at any time, and/or suspend or terminate your access to part or all of the website at any time, and the ASNSW is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.

15. CHANGES TO THE TERMS

The ASNSW reserves the right to amend these Terms from time to time without notice.

16. GOVERNING LAW

This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of Australia.