These Terms of Use apply to VicHealth’s Digital Asset Management (DAM) system, www.vichealth.bynder.vic.gov.au which is operated by the Victorian Health Promotion Foundation, a statutory authority established under the Tobacco Act 1987 (Vic) (VicHealth). This system uses the Bynder platform.

In these Terms of Use, and in our Privacy Statement, the words 'we', 'us' and 'our' refer to VicHealth and the words 'you' and 'your' refer to the person using this system.

 

By using this DAM system you agree to these Terms of Use.

Content on the VicHealth DAM

The content of the VicHealth DAM consists of information assets such as photos, videos, audio and pdf documents. This content is accessible to you as you have been identified as an authorised user who requires use of the DAM for the purposes of

  1. Uploading, downloading or viewing content

     

  2. Downloading content for use in campaigns or grantmaking activities

     

  3. Accessing content for review and approval

The DAM assets have been compiled from a variety of sources including material generally publicly available, from third party asset content providers, creative producers who have been contracted by VicHealth to create content, other government agencies, staff members and stakeholders.

All persons accessing the VicHealth DAM assume responsibility for assessing the relevance and accuracy of its content.  VicHealth makes no statements, representations or warranties as to the suitability or accuracy or completeness of the content of the DAM.

In particular, VicHealth does not represent or warrant that any asset, information, or data on this Website is accurate, authentic or complete, or suitable for your needs. Changes in circumstances after the time of publication may impact the suitability of assets and their contents.

VicHealth recommends that you exercise your own skill and care with respect to your use of the DAM and carefully evaluate the accuracy, currency, completeness and relevance of all information on the DAM for your purposes. You understand and agree that VicHealth has not taken into account your specific circumstances and that your use of this information is solely at your own risk.

Downloadable Assets

Depending on your access rights, VicHealth may allow you to download particular assets from the DAM. By downloading material, you agree to:

 

  1. comply with the terms of our Copyright Statement; and

     

  2. conduct such virus scanning and other checks as may be necessary to ensure that the downloaded material will not corrupt or damage your property (including damage to software, hardware or data) or that of any other person; and

     

  3. bring these Terms of Use (including the Copyright Statement) to the attention of any other person to whom you provide the downloaded material.

Linked Sites

The DAM assets may contain links to external websites (Linked Sites). Examples of Linked Sites which you can access via the VicHealth website may include, without limitation, social-networking services (eg. Facebook and LinkedIn), wikis (eg. Wikipedia), blogs, micro-blogs (eg. Twitter), video-sharing websites (eg. YouTube) and web feed services (eg. RSS feeds).

VicHealth takes reasonable care in selecting Linked Sites but VicHealth has no control over and assumes no responsibility or liability for the condition or content, or the operation or function of any service or facility offered on any Linked Site.

It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in Linked Sites.  A link to an external website is not an endorsement by VicHealth of any content, product and/or service on the Linked Site.

Copyright

By using this DAM, you agree to the following Copyright Statement:

  • The State of Victoria owns the copyright in all material on this Website produced by VicHealth

     

  • You may not reproduce, adapt, modify or transmit (including store in a retrieval system) any part of the material on this DAM without prior written permission from VicHealth.

     

  • You may only reproduce and use that material in accordance with the Copyright Act 1968 (Cth).

     

  • If you use, reproduce and disseminate VicHealth's material on the DAM for any purpose, except supplying the material for a charge or cost, your obligations are that you:

     

    • do not alter, adapt, rearrange or modify the material in any way;

     

    • do not remove any copyright statements from publications; and

     

    • attribute all materials to VicHealth as follows:

     

    • © Victorian Health Promotion Foundation (VicHealth).Source material available at www.vichealth.vic.gov.au.

Except as provided above, you may not reproduce, adapt, modify or transmit (including store in a retrieval system) any part of the material on this DAM without prior written permission from VicHealth.

Branding

You may not reproduce or use the Victorian Coat of Arms for any purpose.  You may not reproduce or use the Victorian Government logo or the VicHealth logo(s) except where the branding appears in a VicHealth publication in which case you may reproduce those logos without alteration only as part of that publication.  VicHealth does not give you permission to use any other branding that appears on this DAM, including third party logos, for any purpose (in relation to third party logos, see also paragraph below on 'Third party materials'.)

Third party materials

In some cases, a third party may hold copyright in material presented on this DAM.  Their permission may be required to use the material.  VicHealth cannot and does not give permission for you to use third party materials.  Please refer to the copyright notices on third party materials before using the materials.

Contact us

Enquiries about copyright and use of the material on this DAM can be directed by email to [email protected]

Privacy

When you access this DAM, VicHealth may collect personal information about you. If you have any questions in relation to the treatment of your personal information or would like access to your personal information, please refer to our Privacy Statement.

Liability

To the maximum extent permitted by law, VicHealth accepts no liability whatsoever to any person arising from, or connected to, the use of or reliance on any information, advice, service or facility provided or referred to on this DAM or any Linked Site.

VicHealth and its employees and agents are not liable (whether based on contract, tort, negligence, strict liability or otherwise) for any direct, indirect, punitive, incidental or consequential damages or any damages whatsoever including, without limitation:

  • damages for loss of use of data, loss of data, loss of profits, loss of revenue, indirect or consequential loss or damage, incurred by or awarded against you or any other person arising out of or in any way connected with the use or performance of these assets, or any Linked Site;

     

  • any cost, loss, liability or expense arising from death, personal injury or damage to property (including damage to your software, hardware or data) resulting directly or indirectly from your access to or use of the assets on this DAM or any Linked Site.

Changes to the DAM and these Terms of Use

VicHealth reserves the right to amend, delete, add to, or otherwise revise any information or materials contained on this DAM (including these Terms of Use) at any time. It is your responsibility to monitor any such changes. If you do not accept a change made by us, to the extent permitted by law, your only remedy is to immediately cease accessing and using the DAM.

General

These Terms of Use are governed by, and are to be construed in accordance with, the laws of the State of Victoria, Australia.  You agree that the courts of the State of Victoria, Australia have non-exclusive jurisdiction with respect to any matter arising from these Terms of Use or this site.

This DAM may be accessed throughout Australia and overseas. VicHealth makes no representation that the content of this DAM complies with the laws (including intellectual property laws) of any country outside Australia. If you access this DAM from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.