These Conditions apply to the website www.actuaries.asn.au operated by The Institute of Actuaries of Australia ABN 69 000 423 656 ("Institute").

A. Conditions of Use applying to this Website and Newsgroups

1. It is a condition of you using this Website and any Newsgroup that you agree:

1.1 to be bound by these Conditions; and

1.2 these Conditions are subject to the laws of New South Wales, Australia, and you agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that State.

2. If you do not agree to be bound by these Conditions, then you must immediately stop using this Website and Newsgroups, including any Materials downloaded or otherwise accessible from them.

B. Definitions

3. The following definitions apply:

"Conditions" means the terms and conditions set out in this "Website Conditions of Use and Copyright".

"Material" means information and material as updated form time to time, including, but not limited to, html files, publications, text, data, images, graphics, logos, sound recordings and software, excluding System Software.

"Newsgroup" means an online newsgroup or discussion forum made available from or in relation to the Website.

"Website" means the website www.actuaries.asn.au and any subfolder accessible from it, including any Material available from that website and its subfolders.

"You" and "you" means:

if use of the Website is by an individual for that individual’s use, that individual; or

if use of this Website is by a representative of an entity for that entity’s use (eg, employee of a company), that representative and the entity – jointly and severally.

C. Privacy Policy

4. The Institute’s Privacy Policy applies to this Website and the Newsgroups.

D. Application to licence Material

5. If you want to use any Material on this Website other than in accordance with these Conditions, you must first apply for the Institute’s written permission by submitting an Application to Licence a Publication, or complete and submit the online request and then obtain the Institute’s written consent. The Institute may withhold its consent to any application in its absolute discretion, or its consent may be subject to one or more conditions.

E. Use of Newsgroups

6. Only members of the Institute who have registered on this Website and have a valid login and password are allowed to use and read materials from a Newsgroup.

7. If you do not have a valid login, please go to the Home Page and select Login to obtain one. Registration is free but non-transferable. You are responsible for and must keep confidential your login and password.

8. By using any Newsgroup in any way you:

8.1 warrant that all material transmitted or posted by you to a Newsgroup will not infringe the intellectual property rights, including copyright and Moral Rights (as defined in the Copyright Act 1968 (Cth)), of any person;

8.2 acknowledge and agree:

8.2.1 the Institute reserves the right to (at any time in its absolute discretion):

(a) terminate your registration, including if you breach these Conditions or the Institute stops making a particular Newsgroup available; and

(b) remove any Material transmitted or posted by you or any other person to a Newsgroup;

8.2.2 use of any Material transmitted or posted to a Newsgroup is at you own risk;

8.2.3 any Material submitted by you to a Newsgroup is non-confidential and non-proprietary and the Institute may use such material in its absolute discretion, however the Institute must comply with its Privacy Policy when using that material;

8.2.4 when you submit any Material to a Newsgroup you:

(a) irrevocably assign all copyright you have in that Material to the Institute;

(b) do so at your own risk; and

(c) accept that any other user of a Newsgroup may read and download the Material that you submit;

8.2.5 any Material provided by the Institute is general information and not advice, and the Institute reserves the right to update that Material at any time; and

8.2.6 you should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any Material transmitted or posted to a Newsgroup, or made available by any user of a Newsgroup or the Institute; and

8.3 agree not to:

8.3.1 post or transmit:

(a) to a Newsgroup, or to another user of any Newsgroup, any Material that is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing, ethnically objectionable or likely to breach any Australian law, eg, SPAM Act 2004 (Cth);

(b) any unsolicited advertising or promotional materials;

(c) any material in which another person owns copyright; and

(d) any Material containing viruses or other computer codes, files or programs designed in any way to limit or destroy the functionality of any computer software or hardware;

8.3.2 disrupt the flow of dialogue or otherwise act in a manner which negatively affects other users of any Newsgroup or the Institute; and

8.3.3 impersonate any other person.

F. Copyright

9. The copyright laws of Australia and other countries through international treaties protect the contents of this Website and Newsgroups.

10. Unless expressly stated to the contrary, the Institute owns copyright in all Materials on this Website. Except to the extent: 1) permitted under the Copyright Act 1968 (Cth) and similar legislation that applies in your location; 2) in relation to particular Material, permitted in accordance with the conditions relating to that Material; or 3) expressly authorised by these Conditions, you must not in any way or form:

10.1 copy, modify, adapt, communicate to the public, store, display, perform, publish or create derivative works from any part of this Website or any part of any Newsgroup; or

10.2 commercialise any Material or services obtained from this Website, Newsgroups or any part of them.

11. You may copy a message transmitted or posted to a Newsgroup solely as part of quoting that message in any reply or follow on transmission or posting.

12. You may print and download Materials on this Website for your personal use, except if such printing or downloading is expressly prohibited in relation to that Material.

13. Nothing in these Conditions authorises you to print, download or use any System Software other than in accordance with the applicable licence granted by the owner or licensor of that System Software.

G. Trade marks

14. Use of any trade mark of the Institute must include a statement attributing that mark to the Institute. You must not use any of the Institute’s trade marks: 1) in connection with any activity, product or service that is not the Institute’s; 2) in a manner likely to be confusing, misleading or deceptive; 3) as part of any other person’s trade mark in any way; or 4) in a manner that disparages the Institute or its information, products or services, including this Website and any Newsgroup.

H. Disclaimer

15. This Website and the Newsgroups are intended to keep readers informed of current general developments in the Institute’s business and the actuarial industry affecting Australia and they are not a substitute for professional advice.

16. It is a condition of using this Website and Newsgroups that you agree to be bound by the following:

16.1 use of this Website and any Newsgroup is at your own risk;

16.2 except for Non-Excludable Conditions, the Institute excludes:

16.2.1 all warranties in relation to this Website and Newsgroups (as well as hyper links to other websites and those websites), including in relation to accuracy, completeness, reliability, timeliness, suitability for your purposes of any Material on this Website or any Newsgroup, or that any computer file or program available for download from or via this Website or any Newsgroup is free from viruses or malicious software; and

16.2.2 all liability, including in negligence, for loss or damage of any kind arising out of or in connection with this Website and Newsgroups, including any use of them; and

16.3 the Institute excludes all conditions, warranties and terms implied by statute, general law or custom, except where that exclusion would contravene any statute or cause any part of these Conditions to be void ("Non-Excludable Condition"). The Institute’s total liability for a breach of any Non-Excludable Condition is limited, in the Institute’s option:

16.3.1 if the breach relates to goods: (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired; and

16.3.2 if the breach relates to services: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.

17. The Institute reserves the right to vary without notice, or stop making available without notice, this Website, any Newsgroup or any of their content.

I. Links to other websites

18. This Website may contain hyper links to other websites. Those links are provided for convenience only and may not remain current and must not be construed as an endorsement, approval or recommendation by the Institute of any other website or its operators.

J. Amendments to these Conditions

19. The Institute reserves the right to amend these Conditions from time to time with immediate effect by publishing new Conditions on this Website. Your continued use of this Website or any Newsgroups following the publication of any new Conditions indicates your agreement to be bound by those new Conditions.