Living First Language Platform - Terms & Conditions (Terms)

The Living First Language Platform Company acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.

Aboriginal and Torres Strait Islander people should be aware that the Platform may contain names, images, recordings, and other content of people who have since passed away.

1. PURPOSE

1.1 The Living First Language Platform Company Pty Ltd (LFLP) is dedicated to helping Indigenous communities maintain, preserve and revitalise their Languages with the aim of also supporting teaching and learning.
1.2 LFLP operates the Living First Language Platform (Platform), which is an interactive digital literacy tool that aims to help Indigenous communities document, teach and share their Languages.
1.3 The Platform consists of a community-led language spaces dedicated to a specific Aboriginal and Torres Straight Islander language (Language Spaces).
1.4 Each Language Space is operated and governed by the community speaker group for the language or its delegated representative body (Community). The Community may be supported by third parties such as Aboriginal and Torres Strait Islander organisations, language centres, community development providers, educational institutions, and Government bodies.
1.5 The Language Space will include content contributed by “contributors” within the Community. The content includes letters, words, stories, sounds, recordings, songs, photos, pictures, and videos.

2. GENERAL

2.1 These Terms govern your use of the Platform and/or a Language Space.
2.2 The expressions “you” and “your” refer to the person using the Platform and/or a Language Space, including a contributor as applicable. By using the Platform and/or a Language Space, you agree to these Terms. These Terms may be changed at any time, and if you continue using the Platform and/or a Language Space you will be taken to have accepted the new Terms. The Terms can be accessed at https://www.livingfirstlanguage.org/terms-and-conditions/
2.3 The Platform is a web based service, so you will require a device with a web browser and internet access (except in cases in which users are accessing the Platform via an offline Language Station, which is a supplementary device provided by LFLP in certain circumstances to support (complete) offline to a Language Space).
2.4 You may be required to:

(a) register an account with a username and password to access the Platform and a particular Language Space;

(b) request access to a Language Space and be granted permission before you can access it;

3. ACCESS AND USE OF THE PLATFORM

3.1 You may access and use the Platform in accordance with these Terms.
3.2 You may access and use the Platform for your personal use.
3.3 Contributors may access and use the Platform to contribute content to a Language Space to which they are authorised to add content.
3.4 These Terms do not grant you any other rights to the Platform. Any rights not expressly granted in these Terms are reserved by LFLP and its licensees.

4. YOUR RESPONSIBILITIES

4.1 You must:

(a) comply with these Terms and all applicable laws;

(b) take reasonable steps to:

(i) keep any devices and account you use to access the Platform secure; and

(ii) prevent unauthorised access or use of the Platform, and notify LFLP promptly of any unauthorised access or use.

4.2 You must not:

(a) damage, disable, overburden, compromise, circumvent, or modify any security mechanisms, systems, or networks relating to the Platform;

(b) reverse engineer, decompile, or disassemble the Platform;

(d) store or transmit any viruses, trojan horses, backdoors, or similar code through your access or use of the Platform;

(e) license, sell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise make the Platform available to any third party;

(f) access or use the Platform to create a competing good or service;

(g) use any automatic device, program, or any comparable process, to access, acquire, copy, or monitor any portion of the Platform; or

(h) modify, translate, adapt, or arrange Platform for any purpose, or make any attempts to do so.

5. ACCURACY AND AVAILABILITY

5.1 The content on the Platform is distributed as an information source only.
5.2 The content on the Platform is sourced from many contributors and from many Aboriginal and Torres Strait Islander communities, and it is a working resource that these communities are adding to and editing. As a result, it may contain inaccuracies as material is added and refined. Please be aware of this when visiting and exploring this digital resource.
5.3 We make no statements, representations or warranties about the accuracy or completeness of, and you should not rely on, any information or content contained in the Platform.
5.4 We disclaim all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information or content on the Platform being inaccurate or incomplete in any way, and for any reason.
5.5 While we take all reasonable steps to ensure the content on the Platform is culturally appropriate, content accessed on the Platform may be considered culturally-sensitive for some individuals and communities.
5.6 The Platform may not operate uninterrupted or error free. Your access and use of the Platform may be interrupted from time to time for any reason, including the malfunction of equipment, implementation of updates, maintenance, or other actions that LFLP may elect to take.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Contributors retain the right, title and interest to any content they submit to a Language Space (Submitted Content).
6.2 LFLP (or its licensors) reserve all intellectual property rights in and arising from the operation of the Platform (including but not limited to the copyright in the software code).
6.3 Contributors grant a non-exclusive, perpetual, irrevocable, royalty free, sub-licensable, and transferrable licence to:

(a) the Community for it to use, reproduce, modify, process, store, transmit, adapt the Submitted Content for the Language Space and for any purpose connected to the recording, use, development and preservation of the language of the Community; and

(b) LPLP for it to use, reproduce, modify, process, store, transmit, and adapt the Submitted Content for the purposes of the operation of the Language Spaces and Platform, including using and modifying Submitted Content on the Language Spaces and Platform in accordance with the instructions, guidance, consent, agreement, or permission of the Community.

6.4 To the extent that contributors obtain Submitted Content from a third party, Contributors warrant that they have obtained from that third party any required consents for LFLP to exercise these rights and contributors will, on request from LFLP, provide such documents as are reasonably necessary to satisfy it that contributors have those consents.
6.5 Contributors consent in favour of LFLP, its licensees, assigns and successors in title and any person authorised by LFLP, to any act or omission which would otherwise infringe their moral rights.
6.6 Contributors warrant that the Submitted Content:

(a) does not infringe the intellectual property rights of any third party;

(b) does not comprise content that is:

(i) is offensive, unlawful, harmful, threatening, sexually explicit, defamatory, or promotes violence;

(ii) is capable of causing harm, offence, damage or injury to any person or property;

(iii) is secret, sacred or ceremonial; or

(iv) would breach applicable Aboriginal and Torres Strait Islander cultural protocols.

6.7 Contributors may request the removal of their Submitted Content by contacting Community in writing via its delegated representative organisation.
6.8 Contributors will indemnify, defend and hold harmless LFLP, its officers, employees, contractors, and agents from any loss, liability, claim, demand, damage, or expenses (including reasonable legal fees) asserted by any third party relating to LFLP's use of the Submitted Content in accordance with these Terms.
6.9 You will promptly notify LFLP and/or the Community if you become aware of any errors or irregularities in the Submitted Content.
6.10 LFLP may not create backups of any Submitted Content. You acknowledge that LFLP will have no liability to you or any third party under any circumstances resulting from any loss of Submitted Content.
6.11 You consent to LFLP collecting and using technical information, including location information, about your devices and related software, hardware and peripherals that you use to access the Language Spaces and Platform to improve our products and to provide services to you.

7. TERMINATION AND SUSPENSION

7.1 If LFLP reasonably determines that you are not complying with any of these Terms, it may suspend or terminate your right to use and access the Language Spaces and Platform.
7.2 LFLP may cease providing the Language Spaces or Platform, or any part of a Language Space or the Platform, at any time.
7.3 You may terminate your use and access to the Language Spaces and Platform at any time.
7.4 LFLP is not liable for any damage, liabilities, or losses that you may incur as a result of any suspension or termination of the Language Spaces or Platform in accordance with these terms.
7.5 Clauses 5, 7, and 8 survive termination of these Terms, as well as any other provision which by its nature isintended to do so.

8. LIMITATION OF LIABILITY

8.1 The Language Spaces and Platform are provided “as is” and all terms, representations, warranties and conditions not expressly set out in these Terms are excluded, subject to any implied condition or warranty the exclusion of which from a contract would contravene any statute or cause any part of these Terms to be void (Non-Excludable Rights).
8.2 Except for liability in relation to breach of any Non-Excludable Rights and liability under clause 7.4, LFLP's maximum aggregate liability to you in contract, tort (including negligence), statute or otherwise, is limited to the higher of: (a) $100; and the total amount paid by you to LFLP in connection with the Platform in the 3 month period before the event giving rise to liability occurred.
8.3 LFLP's total liability to you for a breach of any Non-Excludable Rights (other than Non-Excludable Rights that by law cannot be limited) is limited at LFLP's option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing the goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, the services in respect of which the breach occurred.
8.4 Except for liability in relation to breach of any Non-Excludable Rights, LFLP excludes all liability to you for lost profits, lost data or any consequential or indirect loss arising out of, or in connection with, any services, and any claims by any third person, or these Terms, even if LFLP knew that loss was possible or the loss was otherwise foreseeable.

9. CONFIDENTIALITY

9.1 Each party must maintain the confidentiality of the other party's confidential information (which includes all information disclosed by one party to the other party in circumstances where an obligation of confidence can or should reasonably be implied) and will not without the prior written consent of the other, use, disclose, copy or modify the other party's confidential information (or permit others to do so) other than as necessary for the performance of its rights and obligations under these Terms.
9.2 Each party must take all reasonably precautions to prevent any unauthorised use, disclosure, copying, publication or dissemination of the other party's confidential information, including at a minimum those taken by that party to protect its own confidential information.

10. PRIVACY

10.1 Each party will comply with all privacy laws applicable to them.
10.2 Any personal information collected by LFLP will be done in accordance with its privacy policy located at https://www.livingfirstlanguage.org/privacy-policy.

11. GENERAL

11.1 You may not assign any of your rights under these Terms, whether by operation of law or otherwise, without the prior written consent of LFLP.
11.2 These Terms are the entire agreement between you and LFLP relating to the Platform and they supersede all prior or contemporaneous oral or written communications and representations with respect to the Platform, or any other subject matter covered by these Terms.
11.3 Any part of these Terms that is illegal or unenforceable must be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms.
11.4 Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver.
11.5 These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
11.6 LFLP is not liable to you if it is prevented from or delayed in performing its obligations due to acts, events, or omissions beyond its reasonable control, including industrial disputes, failure of a utility service or telecommunications network, act of God, war, pandemic, compliance with any law or governmental order, breakdown of plant or machinery, fire, flood, storm or default of suppliers or contractors.

Last edited October 2023