Terms of Use

Welcome to Actuaries Digital. Actuaries Digital is operated by the Institute of Actuaries of Australia (ABN 69 000 423 656). Access to this website is conditional on acceptance of these terms and conditions. Use of the website indicates your acceptance of these terms and conditions.

Terminology

In these terms and conditions, the expressions “we”, “us” and “our” are references to the Institute of Actuaries of Australia (ABN 69 000 423 656) and the expression “Material” means text, illustrations, photos, audio, video, any combination of these or other material.

Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Disclaimer

• Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that:
  • • we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website including the services Find an Actuary and Find an Expert Witness accessible by using this website, or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website;
    • any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
    • except in relation to liability for personal injury (including sickness and death), we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

• You acknowledge that:
  • • prior to entering into these terms and conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed itself of that opportunity; and
    • at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.

• The application of the United Nations Convention on contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.

• Pursuant to s 64A of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)):
  • • this sub-clause applies in respect of any of the goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that our reliance on it would not be fair and reasonable;
    • liability for breach of a guarantee conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth), other than those conferred by ss 1-53 of that Law, is limited:
      • in the case of goods, to any one of the following as determined by us:
        • the replacement of the goods or the supply of equivalent goods; or
        • the repair of the goods: or
        • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        • the payment of the cost of having the goods repaired;
      • in the case of services, to any one of the following as determined by us:
        • the supplying of the services again; or
        • the payment of the cost of having the services supplied again.

Specific warnings

• You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

• Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

• We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any information contained on this website or its availability, and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.

• You agree that whilst we provide a short list of names at the Find an Expert Witness service accessible via this website we make no recommendation, implied or otherwise, as to the suitability, or relative merits, of those included on the list for the task proposed. You should make your own enquiries to satisfy yourself that the preferred individual has sufficient and relevant practical experience for the task proposed. All individuals, however, are bound by our Code of Professional Conduct & Professional Standards.

• Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of an advertiser or its services and each advertiser is solely responsible for any representations made in connection with its advertisement.

Copyright

Copyright in this website is licensed under a Creative Commons Attribution-NonCommercial-No Derivatives CC BY-NC-ND Version 3.0 (CC Australia ported licence).

Trade Marks

Our logo and name are our trade marks, and may not be used as part of your business or in connection with any goods or services without our prior written consent.

Forums

If you participate in the discussion forums on this website you agree that any Material you upload, transmit, post or otherwise make available to us:

• is your original work and does not infringe the intellectual property rights of another person;

• is not defamatory, obscene, offensive, threatening, abusive or otherwise unlawful;

• does not include personal information of another person;

• is not information you know (or ought reasonably to have known) to be false, misleading or deceptive;

• does not advertise, promote or solicit goods or services.

By uploading, transmitting, posting or otherwise making available any Material to us, you:

• grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;

• warrant that you have the right to grant the licence in the preceding paragraph;

• warrant that the Material does not breach these terms and conditions; and

• unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

We reserve the right (but have no obligation) to:

• review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates these terms and conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and

• monitor use of the website, and store or disclose any information that we collect, including in order to investigate compliance with these terms and conditions or for the purposes of any police investigation or governmental request.

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the website simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Restricted use and no data harvesting

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.

Linked websites

This website may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with Linked Websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary by us.

Privacy policy

We undertake to comply with the terms of our privacy policy.

Security of information

Unfortunately, no data transmission over the internet can be guaranteed as totally scenic. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We may require you to re-authenticate your password details from time to time. We rely on your user name and password as evidence of your identity and authority. We reserve the right to remove your user name or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this website.

Termination of access

Access to this website may be terminated at any time by us, without notice. Our disclaimer will nevertheless survive any such termination.

Governing law

These terms and conditions are governed by the laws in force in New South Wales. You hereby consent and submit to the non-exclusive jurisdiction and venue of the courts of New South Wales, Australia for any cause of action relating to or arising under these terms and conditions.