Terms of Service

1. Website Portal

1.1 Operation of Portal and Terms of Use

(a) The SA Independent Schools Block Grant Authority (SAIS BGA) operates the website, which can be accessed at www.saisbga.org.au.

(b) The SAIS BGA has developed the Portal to facilitate access to and management of Commonwealth Government capital funding programs, including but not limited to, providing SAIS BGA Participant Schools access to information and advice.

(c) By visiting or using the Portal, you agree to be bound by these terms and conditions (Terms of Use).

(d) To access and use the Portal, you must indicate your acceptance of these Terms of Use.

(e) The SAIS BGA works closely with the Association of Independent Schools South Australia (AISSA), and these Terms of Use apply to the AISSA employees who support the work of the SAIS BGA.

 

2. Users

2.1 Eligibility

(a) The Portal is only available for use by current Member Schools of the SAIS BGA and includes current employees of each Participant School.

2.2 Username and Passwords

(a) For employees of Participant Schools, your username will be your School domain email address. The SAIS BGA will authorise your username for the Portal upon your initial access. Non-School domain email addresses may be authorised by the SAIS BGA as usernames from time to time.

(b) You will be asked to choose a password for your assigned username. You are responsible for the activity that occurs under your username and must keep your password confidential, secure, and updated.

(c) You must not use another person’s username and password, and must not disclose your password to any other person.

(d) You must notify the SAIS BGA immediately if you suspect any unauthorised use of your username or access to your password.

(e) You are solely responsible for any and all use of your username and are liable to the SAIS BGA for any losses sustained due to unauthorised use of your username or password. The SAIS BGA assumes no responsibility or liability for such losses.

 

3. Use of Portal

3.1 Restricted Use Only

(a) You may only use the Portal for the purposes set out in section 1.1(b).

(b) Any other use of the Portal requires written consent from the SAIS BGA. The SAIS BGA reserves the right to remove any material uploaded that is deemed non-educational without prior notice, and may suspend or terminate your access if the Portal is used inappropriately.

(c) The SAIS BGA may use the Portal for the purposes set out in section 1.1(b).

3.2 No Modification

Unless expressly permitted by the functionality of the Portal, you must not alter or modify any part of the Portal without the prior written approval of the SAIS BGA. 

3.3 Prohibited Actions

(a) Use of the Portal for unlawful, illegal, or prohibited activities, including but not limited to infringement of intellectual property rights, dissemination of objectionable content, or unauthorised solicitation, is prohibited.

(b) The SAIS BGA reserves the right to take appropriate action, including removal of content, suspension, or legal action, against any user engaged in prohibited activities as defined in these terms.

(c) Prohibited activities include but are not limited to criminal acts, commercial use without approval, dissemination of viruses or malware, impersonation, and activities contrary to these Terms of Use.

3.4 Notification of Infringing Activities

You must immediately notify the SAIS BGA Executive Officer if you become aware or reasonably suspect that any User Content is Prohibited Content or that any user is engaging in Prohibited Activities. 

 

4. Content

4.1 Submitted Content

(a) Carefully choose the information, materials, submissions, and content that you post on or through the Portal (User Content) to ensure it is not prohibited or otherwise objectionable.

(b) The SAIS BGA reserves the right to reject, refuse, or delete any User Content for any reason, including if it deems content offensive, illegal, or infringing.

(c) The SAIS BGA assumes no responsibility for monitoring content or conduct but will use reasonable endeavours to do so.

(d) Users are solely responsible for their User Content, interactions, and ensuring compliance with all applicable data protection and privacy laws.

4.2 Third Party Content

(a) The Portal may contain links to third-party content or websites, which are not monitored, owned, or controlled by the SAIS BGA. The SAIS BGA is not responsible for such content or use and recommends that users review the terms and privacy policies of any third-party websites.

 

5. Intellectual Property

5.1 User Content Generated by Member

(a) Users retain ownership of all rights in their User Content submitted to the Portal.

(b) By submitting content, users grant the SAIS BGA and Portal users a non-exclusive, perpetual, irrevocable, worldwide, royalty-free licence to use, archive, reproduce, modify, perform, display, and distribute the content.

(c) This licence permits use in all formats and media and remains effective even if content is removed from the Portal.

(d) The licence is transferable and may be assigned by the SAIS BGA.

(e) Users warrant that they own or have the rights to their User Content, it does not infringe any third-party rights, and they will pay any royalties due.

5.2 User Content Generated by AISSA Staff

(a) The SAIS BGA owns all Staff Content generated by employees in accordance with their employment contracts.

(b) The SAIS BGA is entitled to use, modify, adapt, develop, and exploit Staff Content in any manner and for any purpose.

 

6. Interaction with other Users

6.1 Misuse

Users are solely responsible for their interactions with other users, including interactions on SAIS BGA social media platforms. The SAIS BGA has no obligation to become involved in disputes between users. 

6.2 Disclaimer

The SAIS BGA is not responsible for the conduct of users or the accuracy of User Content and disclaims any liability in relation to such matters. 

 

7. Privacy

7.1 Privacy and Data Handling

(a) The SAIS BGA complies with the Australian Privacy Principles (APPs) and its Privacy Statement. Personal Information includes any information or opinion about an identifiable individual.

(b) The SAIS BGA collects, uses, stores, and discloses your Personal Information as described in its Privacy Statement.

(c) The SAIS BGA will take reasonable steps to notify you of the purposes of data collection and will protect your data from misuse or unauthorised access.

7.2 Notifiable Data Breaches (NDB) 

If a data breach likely to result in serious harm occurs, the SAIS BGA will comply with the Notifiable Data Breaches (NDB) scheme by notifying affected individuals and the Office of the Australian Information Commissioner. 

7.3 Data Retention and Deletion 

The SAIS BGA retains Personal Information for as long as necessary to fulfil its purposes or as required by law. Users can request correction or deletion of their data, subject to legal exceptions. 

7.4 Non-Personal Information and Cookies 

Non-Personal Information, such as IP addresses and browser types, may be collected for security and improvement purposes. The Portal uses cookies for session management, and users can adjust their cookie settings in their browsers. 

7.5 Profile Information 

Users may voluntarily provide non-Personal Information in their profiles. The SAIS BGA has no responsibility for Profile Information provided by users. 

 

8. Disclaimer and Exclusion of Liability

8.1 Disclaimer

The SAIS BGA is not responsible for technical failures, inaccuracies, or damages arising from Portal use and does not guarantee specific results. 

8.2 Cybersecurity and Virus Protection

The SAIS BGA is not liable for any damage to your computer systems, data, or security arising from using the Portal. 

8.3 Exclusion of Liability

To the maximum extent permitted by law, the SAIS BGA excludes all warranties, terms, conditions, and guarantees implied by law or custom. 

 

9. Loss, Indemnities and Warranties

9.1 Compliance with Privacy and Data Protection Laws 

Users agree to comply with all relevant privacy and data protection laws when using the Portal. Users must not collect, store, share, or process other users’ Personal Information without consent. 

(a) Users are liable for any loss sustained by the SAIS BGA due to unauthorised use or disclosure of usernames and passwords.

(b) Users agree to indemnify the SAIS BGA and its representatives against any loss arising from Portal use, User Content submission, or breach of these Terms of Use.

 

10. Duration

These Terms of Use apply as long as you have access to the Portal and continue in effect after your access ends. 

 

11. Expiry and Termination

(a) Access to the Portal ends when employment ends, unless continued access is authorised by the SAIS BGA.

(b) The SAIS BGA may terminate access at its discretion, without prior notice or liability.

 

12.  Revision of Terms of Use

The SAIS BGA may modify these Terms of Use, and users agree to be bound by such modifications. Users should review the Terms of Use regularly. 

 

13. Additional Terms and Conditions

To access certain aspects of the Portal, users may be required to download software or agree to additional terms. Such additional terms are incorporated into these Terms of Use. 

 

14. Entire Agreement

These Terms of Use constitute the entire agreement between the user and the SAIS BGA regarding Portal use. 

 

15.  Governing Law

These Terms of Use are governed by the law in force in South Australia. Users submit to the non-exclusive jurisdiction of South Australian courts. 

 

16. Data Security

16.1 User Responsibilities 

Users must take reasonable steps to secure their access credentials and Personal Information. 

16.2 SAIS BGA Data Security Measures 

The SAIS BGA will implement security safeguards, including encryption and access control, to protect data.