Last Updated: February 2024

1. Binding agreement

All use of the StartingBlocks.gov.au website, its Content and the material to which it links, (the Site) is subject to these Terms of use (Terms) as updated from time to time. By using the Site, you acknowledge that you have read and agree to be legally bound by these Terms. Your acceptance of these Terms by such use constitutes a legally binding agreement between you and the Australian Children’s Education and Care Quality Authority (ACECQA).

2. Terminology

In these Terms, the following terms have the meanings set out below:

a) Content – anything published, hosted, appearing or accessible on the Site including without limitation information, data, text, images, quality ratings, results, addresses, tables, compilations, the National Registers, databases, code, software, logos, publications, sound recordings, videos or website material in which intellectual property is owned by or licensed to ACECQA or created by another party for inclusion on the Site;

b) Derivative Work – material in any form that is derived from, or created by changing, editing, modifying or adapting any Content, including without limitation Content from the Site;

c) Distribute – to publish, communicate to the public (make available online or electronically transmit) or otherwise distribute;

d) National Law – refers to the Education and Care Service National Law Act 2010 (Vic) and the Education and Care Services National Law (WA) Act 2012 (WA) collectively

e) Reproduce – to make a copy of the whole or any part of the Content from the Site in any form (including but not limited to printing, downloading or storing in electronic form);

f) Site – means the StartingBlocks.gov.au website currently located at http://www.startingblocks.gov.au/

g) we, us and our – means ACECQA and, where applicable, any staff or independent contractors who may from time to time act on behalf of, or for, ACECQA in connection with any Content on this Site including without limitation any Content on the Site; and

h) you – you, the user of this Site, and your principal, employer or organisation (if you are acting as an agent or representative) in accessing the Site.

3. Use of this Site

By using the Site, you acknowledge and agree that:

a) you have read, understood and agree to be bound by these Terms (as amended from time to time), and also the Privacy Policy, Copyright Notice , Disclaimer and any other notices on the Site, all of which are hereby incorporated into these Terms;

(b) except as expressly noted below, to the extent there is any inconsistency between these Terms and the notices incorporated by reference into these Terms, these Terms prevail;

c) your access to and use of the Site is on an ‘as is, as available’ basis;

d) your access to and use of the Site and all Content is subject to ACECQA’s and others’ intellectual property rights as noted below

e) any Content we communicate using the Site is communicated in good faith as general information only, and is not in the nature of advice. The data and other information published on the Site are jointly managed by each state and territory regulatory authority and ACECQA. We believe the Content to be accurate and current as at the date of publication, but we reserve the right to correct or update Content at any time; and

f) you will indemnify us against any loss or damage we may suffer, howsoever caused (including through negligence), as a result of, or in connection with, the use or misuse by you of this Site and Content published on this Site.

4. Intellectual property

Unless otherwise clearly indicated on the Content (including any materials linked to or accessible via the Site):

a) intellectual property in the Content of the Site is owned by or licensed to ACECQA

b) you should proceed on the basis that all Content on this Site is subject to copyright protection, and may also be the subject of trade mark, and/or other intellectual property rights;

c) ACECQA reserves all such intellectual property rights and no assignment, licence or other grant of any such rights is given to you

d); and

e) intellectual property in any Content provided by Commonwealth, State or Territory agencies, private individuals or organisations may belong to those agencies, individuals or organisations and is licensed or otherwise authorised to be used by ACECQA.

Where Content is specifically noted as not being subject to intellectual property protection or is otherwise noted as provided for your use subject to a specified licence of intellectual property rights, the following conditions apply (in addition to any conditions noted on the relevant materials):

(a) these rights are granted for your personal and non-commercial use; or

(b) if you are accessing this Site on behalf of your organisation, these rights are granted exclusively for non-commercial use on behalf of your organisation.
c) you must not subject the whole or any part of the Content to derogatory treatment for the purposes of the Copyright Act 1968;

d) you must retain all copyright, trade mark and other proprietary notices in any Content that is Reproduced in whole or in part without material alteration; and

e) you must acknowledge all Content from the Site that is used or relied upon in the following way: ‘Source: Australian Children’s Education and Care Quality Authority (ACECQA)’.

If you breach any of these Terms (or the terms and conditions of any licence relating to any of the Content), the permission granted under this section (and any licence) is immediately and automatically revoked.

You must not use the Site, the Content or any Derivative Work outside the scope of these Terms (and the relevant licence) without obtaining our prior written consent to do so. We may agree to provide our written consent for such use (including subject to conditions) or decline to provide our written consent in our absolute discretion and without giving reasons. Any requests in relation to written consent should be addressed to:

Australian Children’s Education and Care Quality Authority

Email to copyright@acecqa.gov.au

5. Restrictions on use of this site and content

You must not, without our prior written permission, do any of the following things:

a), reproduce, distribute or use in any manner any Content or any Derivative Work for any commercial purpose, including but not limited to:

• directly or indirectly selling or licensing any such Content or any Derivative Work;
• directly or indirectly selling access to any such Content or Derivative Work including via a website;
• generating advertising, subscription or other revenue from any such Content or Derivative Work;
• Reproducing or Distributing any such Content or Derivative Work on, or in connection with, an external website, intranet site or equivalent media that has a commercial purpose;

b) use any Content or any Derivative Work to compete with or displace the market for or use of the Content, including as the source of quality rating data for services regulated under the National Law;

c) use any Content or any Derivative Work, in a manner that is likely to be misleading or deceptive, or otherwise conveys inaccurate or incomplete information to the public;

d) use Content or a Derivative Work, to falsely or inaccurately represent either directly or indirectly that:

you, your organisation, your website or your goods or services; or

any other person, their website or goods or services are connected with, or sponsored or approved by, us or any of our partners or associated entities or bodies; and

e) sub-license or otherwise permit others to use the Content or any Derivative Work.

Nothing in these Terms is intended to reduce, limit, or restrict any uses falling within the exceptions under the Copyright Act 1968 (Cth) or any other applicable laws.

6. Trade marks

You must not use any of our registered or unregistered trade marks without our prior written consent.

In particular, you must not use any of our registered or unregistered trade marks:

a) in or as a whole or a part of your or your organisation’s own trade marks;

b) in connection with activities, products or services that are not ours;

c) in any manner that may be confusing, misleading or deceptive.

7. Amendments to terms and conditions

We reserve the right to change these Terms (including any notices incorporated by reference) from time to time as we see fit and your continued use of this Site, including any Content, will signify your acceptance of any amendment to these Terms on and from the date that the amended Terms are published on the Site.

8. Severance

If any of these Terms (or any part of these Terms) is held to be invalid, unenforceable or illegal for any reason, it will be severed from these Terms and remaining Terms will continue in full force.

9. Governing law and jurisdiction

These Terms are governed by the laws in force in the State of New South Wales (NSW). You agree to submit to the non-exclusive jurisdiction of the courts of NSW.