By using the Portal, Users confirm to meet the following requirements:
Unless where otherwise specified or clearly recognisable, all content available on the Portal is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on the Portal infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using firstname.lastname@example.org or via published telephone numbers or online forms.
The Owner holds and reserves all intellectual property rights for any such content. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
Business and government users of the Service are prohibited from using content, including replicating or publishing on their own sites or providing advice derived from this content, without first requesting and receiving permission by the Owner.
Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on the Portal (and any other IDCARE owned sites, including idcare.org), nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on the Portal, the User may download, copy and/or share some content available for its sole personal and non-commercial use, namely to build resilience and response efforts in responding to breach events and the exposure of personal information.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Through the Portal (as well as other IDCARE sites), Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
The Service may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of the Portal and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to the Portal and any related IDCARE sites or the Service, terminating contracts, reporting any misconduct performed through to IDCARE or the Service to the competent authorities, such as judicial or administrative authorities, such as law enforcement, whenever Users engage or are suspected to engage in any of the following activities:
Users that provide permission for the disclosure of their information via API may provide access to their data relating to the Portal via the Application Program Interface (API) to third parties if such APIs are made available for a specific incident. Any use of the API, including use of the API through a third-party product/service that accesses the Portal or any of IDCARE’s sites, is bound by these Terms and, in addition, by the following specific terms:
Despite anything else contained in these Terms, any liability to the Users by the Owner in respect of anything arising from or concerning these Terms, the Website or any of the Products or Services, whether arising in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising from any relationship with Users (“Our liability”) is excluded to the fullest extent permitted bylaw. To the extent that the Owner’s liability cannot be excluded by law, or to the extent that the exclusion of Our liability would render these Terms unenforceable, Users agree that the maximum amount that Users are entitled to claim against the Owner (in total) and the maximum amount that the Owner (in total) are liable to a User for is one Australian dollar or the next largest amount that would be needed to render these Terms (including these exclusion and limitation provisions) enforceable. Despite anything else contained in these Terms, Users agree that the Owner is not liable to the User (or to anyone else) for any failure or delay in the performance of the Owner’s Services and obligations under these Terms to the extent that the failure or delay is caused, directly or indirectly, by an event outside the Owner’s reasonable control.
The Portal is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties —whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in anyway monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service. Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will delete any records of personal information shared by the User.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Usersmay not reproduce, duplicate, copy, sell, resell or exploit any portion of theportal or any of the Owner’s sites (such as idcare.org and mydata.care) or any of itsService without the Owner’s express prior written permission, granted eitherdirectly or through a legitimate reselling program.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Portal or any of the Owner’s sites are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with idcare.org and mydata.Care (including their sub-domains) are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. The continued use of the Service will signify the User’s acceptance of the revised Terms.
If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Latest update: 1 February 2022
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Any User that does not qualify as a Consumer.
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Indicates the natural person(s) or legal entity that provides idcare.org and/or the Service to Users.
A good or service available for purchase through idcare.org and mydata.care such as e.g. physical goods, digital files, software, booking services etc. The sale of Products may be part of the Service.
The service provided by idcare.org or mydata.care as described in these Terms and on idcare.org.
All provisions applicable to the use of idcare.org, mydata.care and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
Indicates any natural person or legal entity using idcare.org.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.