Terms and Conditions

1. Introduction

1.1. These Terms of Use (Terms) set out the rules for the use of the Australasian College of Road Safety (ACRS) Website (https://acrs.org.au). Do not continue to use the Website if you do not agree to these Terms. If you continue to use this Website, you will be taken to have accepted these Terms in accordance with paragraph 3 below.

2. Terminology

2.1. In these Terms, except where the contrary intention is expressed, the following words have the defined meanings set out below:

2.1.1. “ACRS”, “we”, “our” and “us”, refers to the Australasian College of Road Safety;
2.1.2. “Comments” has the meaning given in paragraph 13.1;
2.1.3. “Harmful Code” means any form of harmful surreptitious code or other contaminants including viruses, bugs, trojan horses, spyware, malware or adware;
2.1.4. “IPR” means all intellectual property rights, including:
(a) copyright and neighbouring rights, rights in relation to inventions including patent rights, plant breeder’s rights, rights in circuit layouts, registered designs, registered and unregistered trade marks including service marks; and
(b) any application, or right to apply, for registration or enforcement of those rights;
2.1.5. “Party” or “Parties”, means either or both the User and the ACRS, as the context requires;
2.1.6. “Personal Information” has the meaning given in the Privacy Act;
2.1.7. “Privacy Act” means the Privacy Act 1988 (Cth);
2.1.8. “Privacy Policy” means the privacy policy published at https://acrs.org.au/privacy-policy/, as updated from time to time;
2.1.9. “Terms” means these Terms of Use;
2.1.10. “User”, “you”, “your” or “yourself” refers to you:
(a) the individual accepting these Terms;
(b) the organisation, business or entity on whose behalf an individual accepts these Terms; or
(c) both of the entities referred to in paragraphs (a) and (b) above, as the context requires; and
2.1.11. “Website” means this Australasian College of Road Safety website (https://acrs.org.au).

3. Acceptance of these Terms

3.1. By using the Website you:
3.1.1. accept and agree to be bound by these Terms; and
3.1.2. represent and warrant that you have the legal capacity to accept these Terms.

3.2. If you are accepting these Terms on behalf of an organisation, you are:
3.2.1. accepting and agreeing to these Terms on your own behalf and on behalf of that organisation; and
3.2.2. warranting to us that you are an agent of that organisation and that you are properly authorised by your organisation to bind it to these Terms.

4. Revisions to these Terms

4.1. We may revise these Terms at any time in our sole discretion. All revisions to these Terms are effective immediately once published on the Website and apply to all users’ access to and use of the Website after that time.

4.2. If you continue to use the Website following the publication of revised Terms, you will be deemed to have accepted and agreed to the changes to these Terms.

4.3. You are responsible for checking this page each time you access this Website so that you are aware of any changes to the Terms.

5. Members

5.1. You may use the Member Area of the Website if you are listed on a current membership, either Individual or Corporate.

5.2. When applying for a membership, you must create an account for yourself as either the sole recipient of the membership (Individual) or as the Main Contact for the membership (Corporate). In the case of a Corporate Membership, the following rules apply:
5.2.1. You may create multiple accounts under your Corporate membership for people within your organisation (up to the limit permitted by your tier of membership);
5.2.2. you must only use your full registered name or business name, and you must not use any slogans, brands or marketing elements to name your account; and
5.2.3. you may include your organisation’s ABN (as applicable), if your organisation has one.

5.3. When you apply to register an account as an individual or on behalf of an organisation, you warrant to us that you are not misrepresenting your identity or your organisation’s identity.

5.4. We may notify you of specific requirements in relation to your membership or account registration from time to time.

6. Your Responsibilities

6.1. The obligations set out in this paragraph 6 do not limit your obligations under paragraph 8 (Security).

6.2. You must:
6.2.1. only use the Website:
(a) for its intended purpose;
(b) in a manner that is lawful and does not interfere with the ACRS’ rights or the rights of any third party (including other users) in relation to the Website; and
(c) in accordance with these Terms, and all notices, protocols, policies, guidelines and other instructions provided or advised to you by us from time to time;
6.2.2. if you or your organisation is a current member with a registered account:
(a) maintain the confidentiality of all account information including the username and password that you use to access the Member Area of the Website; and
(b) promptly report to us any suspicious or unauthorised conduct concerning your account as soon as you become aware of any such conduct;
6.2.3. monitor, control and take responsibility for all of your activities occurring on, or in connection with, the Website, including taking responsibility for any activities which may result from your negligence, carelessness, misconduct or failure to use or maintain appropriate security measures; and
6.2.4. access and read all notices and information provided by us in relation to the Website.

6.3. You allow the ACRS to collect data about your use of the Website for research, analytical and reporting purposes. This will not include Personal Information, which will only be collected in accordance with paragraph 10.

6.4. You will be responsible for any damage to your computer, systems, software or hardware caused by your use of the Website, including by the introduction of any Harmful Code (irrespective of origin) arising from your use of the Website.

6.5. Any documentation that you submit to the Website must contain the type of information required to be contained in that particular type of documentation.

7. Prohibited Activities

7.1. You must not:
7.1.1. violate any applicable Commonwealth, State, Territory, local or international laws or regulations, in connection with your use of the Website;
7.1.2. transmit, or procure the sending of, any advertising or promotional material, or any other similar solicitation;
7.1.3. impersonate any person or falsely represent your authority or association with any person or organisation (including the ACRS) in connection with the Website;
7.1.4. use any information provided on the Website maliciously;
7.1.5. access or attempt to access or use information on, or contained in, the Website that you are not authorised to access or use;
7.1.6. transmit any message, data, image or program to or from the Website that would violate the property rights (including IPR) of the ACRS or third parties;
7.1.7. disrupt or impair the functionality of the Website;
7.1.8. transmit any Harmful Code to or from the Website; or
7.1.9. engage in any other activity that restricts or inhibits any person’s use or enjoyment of the Website or which, as determined by the ACRS, may harm the ACRS or users of the Website or expose them to liability.

8. Security

8.1. You must not tamper with the Website or other users’ accounts.

8.2. You must not attempt to bypass any security controls contained in or forming part of the Website.

8.3. You must not use the Website in a manner that makes unnecessary use of our storage space, processors or other system resources.

8.4. You must not make deliberate attempts to interfere with the functionality of the Website, overload the Website or attempt to disable a host of the Website.

8.5. You must not attempt to use the Website without authorisation.

8.6. We may routinely log, monitor and analyse your use of the Website for any misuse or non-compliance with these Terms.

9. Cookies

9.1. Our Website uses cookies to retrieve the user’s details for each visit and enable the functionality of certain areas of the Website, to make it easier for users visiting the Website.

9.2. We will use cookies in relation to the Website in accordance with our Privacy Policy.

9.3. You agree to our use of cookies with your computer systems in relation to the Website.

10. Privacy

10.1. We may collect, use, store and disclose Personal Information from, and contained in, the Website in a manner consistent with the Privacy Act and our Privacy Policy.

11. Intellectual Property Rights (IPR)

11.1. All IPR comprised in or derived from material on the Website is owned by the ACRS or another third party owner.

11.2. All logos, icons, brand names or service names that identify the ACRS are owned by and remain the property of the ACRS and all other trade marks or service marks on the Website are the property of their respective owners.

11.3. Subject to paragraph 12, you must not use any material on the Website (and must not breach the IPR in respect of that material). If you do so, you may become liable for a breach of the IPR of the ACRS or third parties.

12. Licences

12.1. You may access material from the Website for your own personal use, subject to the restrictions set out in these Terms.

12.2. You must not:
12.2.1. republish;
12.2.2. sell, rent or sub-license;
12.2.3. reproduce, duplicate, copy; or
12.2.4. redistribute,
material on the Website (including material in respect of which the ACRS or third parties own the IPR) without the ACRS’s express written permission unless the Website specifically indicates that such actions may be taken.

12.3. If you submit or upload material to the Website (including Comments) in respect of which IPR subsist, you grant to us a perpetual, irrevocable, worldwide, fully paid-up, non-exclusive licence (including the right to sublicense) to exercise the IPR in that material.


13.1. Parts of the Website allow members to post and exchange opinions and information (Comments).

13.2. The ACRS does not filter, edit, publish or review Comments prior to their publication on the Website.

13.3. Comments do not reflect the views and opinions of the ACRS, its agents or affiliates.

13.4. To the extent permitted by law, the ACRS will not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on the Website.

13.5. The ACRS reserves the right to monitor all Comments and to remove any Comment which the ACRS considers inappropriate, offensive or in breach of these Terms.

13.6. If you create a Comment, you warrant and represent that:
13.6.1. you are entitled to post the Comment on the Website and have all necessary licences and consents to do so;
13.6.2. your Comments do not infringe any IPR of any third party;
13.6.3. your Comments do not contain any defamatory, offensive, indecent or otherwise unlawful material; and
13.6.4. your Comments will not be used to solicit or promote business, commercial or unlawful activities.

14. Hyperlinking

14.1. The following organisations may link to our Website without prior written approval:
14.1.1. Commonwealth, State, Territory and local Government entities;
14.1.2. search engines;
14.1.3. news organisations; and
14.1.4. system wide accredited businesses other than:
(a) soliciting non-profit organisations; and
(b) charity fundraising groups.

14.2. The organisations listed in paragraph 14.1 as being permitted to link to the Website may link to the Website or ACRS publications only if the relevant link:
14.2.1. is not in any way deceptive;
14.2.2. does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
14.2.3. fits within the context of the linking party’s site.

14.3. The ACRS may consider and approve other link requests from the following types of organisations:
14.3.1. commonly known consumer and/or business information sources;
14.3.2. dot.com community sites;
14.3.3. associations or other groups representing charities;
14.3.4. Internet portals;
14.3.5. accounting, law and consulting firms; and
14.3.6. educational institutions and trade associations.

14.4. We may approve link requests from these organisations if we decide that:
14.4.1. the link would not reflect negatively on the ACRS or the ACRS’ accredited businesses;
14.4.2. the ACRS does not have any negative experiences with the relevant organisation; and
14.4.3. the link is provided in the context of general resource information.

14.5. We may approve link requests subject to any conditions that we consider to be appropriate, and the approved organisation must comply with those conditions.

14.6. If you are one of the organisations listed in paragraph 14.3 and are interested in linking to the Website, you may email the ACRS at admin@acrs.org.au. Please include your name, your organisation name, contact information, as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Please note that responses may take up to 3 weeks.

14.7. Approved organisations may hyperlink to the Website by use of:
14.7.1. the ACRS’ corporate name;
14.7.2. the URL being linked to; or
14.7.3. any other description of the Website being linked to that is consistent with the context and format of content on the linking party’s site.

14.8. Subject to paragraph 12, you must not use ACRS material or IPR when linking to the Website.

15. iFrames

15.1. You must not create frames or alter in any way the visual presentation or appearance of the Website, without the ACRS’ express written permission.

16. Liability and indemnity

16.1. You agree that the ACRS will not be liable to you (whether in contract, tort, statute or otherwise) for any loss or damage (including special, indirect, consequential or exemplary damages) that you suffer as a result of, or in connection with:
16.1.1. your use of, or inability to use, the Website (including your reliance on any material, links, Comments, opinions or recommendations made available through the Website);
16.1.2. any unauthorised access to, or alterations of, your transmissions or data to or from the Website;
16.1.3. if you are a current member with a registered account, any inappropriate activities resulting from the loss or misuse of your username and password;
16.1.4. any attempt by you, or by a person on your behalf, to use the Website without authorisation;
16.1.5. any errors or omissions in the Website or linked sites on the Internet;
16.1.6. any delays to, interruptions of, or cessation of, the services provided through the Website or linked sites;
16.1.7. the Website not being available or operative; and
16.1.8. any statements or conduct of any third parties on the Website (including materials, comments, opinions or recommendations of third parties made available through the Website, or defamatory, offensive or illegal conduct by any user of the Website).

16.2. You accept the full cost of any necessary upgrade, repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

16.3. You indemnify the ACRS and hold the ACRS harmless from and against any loss, damage, cost, expense, claim, proceeding or liability of any kind that the ACRS may incur or that may be brought by any person against the ACRS, that arises directly or indirectly from:
16.3.1. your breach of these Terms; or
16.3.2. your use of the Website and your activities in connection with the Website.

17. Reservation of Rights

17.1. The ACRS reserves the right to request that you remove all links or any particular link to the Website and you agree to immediately remove all links to the Website upon request.

18. Removal of links from the Website

18.1. If you find any link on the Website that is offensive for any reason, you may contact and inform us.

18.2. We will consider any notifications received pursuant to paragraph 18.1 but we are not obliged to remove the relevant link or to respond to you directly.

19. No warranty

19.1. The ACRS does not warrant, guarantee or make any representation that:
19.1.1. the information or material on or linked to the Website is correct, complete, accurate, reliable or up to date;
19.1.2. the Website, or the servers that make the Website available on the Internet, are or will remain available or free of software viruses;
19.1.3. any software contained on the Website, or the functions provided by that software, will operate in an uninterrupted or error-free way; or
19.1.4. any errors and defects in the Website will be corrected.

20. Disclaimer

20.1. To the maximum extent permitted by law, the ACRS excludes all representations, warranties and conditions relating to the Website and use of the Website.

20.2. Nothing in this disclaimer will:
20.2.1. limit or exclude the ACRS’ or your liability for death or personal injury;
20.2.2. limit or exclude the ACRS’ or your liability for fraud or fraudulent misrepresentation; or
20.2.3. limit or exclude any of the ACRS’ or your liabilities in any way that is not permitted under law.

21. Governing law

21.1. These Terms are governed by the laws of the Australian Capital Territory. You agree to submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.