Terms and Conditions - effective January 2022

This website (https://nssab.qld.edu.au/) is a Queensland Government website. These terms and conditions apply to all users of this website.

Our Privacy Statement sets out how we handle your personal information.

These terms and conditions are made up of two parts:

• Part A - general terms that apply to all users of the website, even if just browsing; and
• Part B - additional terms that apply to the additional features available to users of the NSSAB Online Services portal (https://secure.nssab.qld.edu.au/; https://admin.nssab.qld.edu.au/; https://board.nssab.qld.edu.au/; https://authperson.nssab.qld.edu.au/; and https://consultant.nssab.qld.edu.au/ (as applicable)).

Part A - Basics for browsing this website

Introduction

This website is operated by Non-State Schools Accreditation Board.

In these terms and conditions, the expressions Board, NSSAB, we, us and our are a reference to Non-State Schools Accreditation Board.

If you use this website, you are agreeing to be bound by the terms and conditions listed below and any other laws or regulations which apply to this website. If you do not accept these terms and conditions, you must refrain from using this website.

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. If you do not agree to any change to the terms, you may stop using the website. Your continued use of this website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Intellectual property rights statement

All intellectual property rights in this website, including design, text, graphics, logos, icons, sound recordings and all software relating to this website belong to or are licensed by us. These intellectual property rights are protected by Australian and international laws.

When you access the website, you are granted a limited, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the website in the form provided.

You are only permitted to access the website through the proper use of the functionality of the website.

You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the website in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.

Linked Websites

This website may contain links to other websites, including through the use of social features. The 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.

Secure data

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot absolutely promise the security of any information which you transmit to us. Accordingly, any information that you transmit to this website is transmitted at your own risk. If you become aware of any problems with the security of the data or the website, please contact us immediately, providing whatever detail you are able.

Things you need to be aware of

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

You must not use the website to: engage in unlawful or fraudulent behaviour; to mislead or deceive any person or entity; to interfere with the use of the website by other users; to introduce malicious code or to circumvent security measures on any website, network, or system; or in any other way we consider unacceptable. You must not access or attempt to access parts of the website you are not authorised to access.

The Board maintains a register under section 126 of the Education (Accreditation of Non-State Schools) Act 2017. Information displayed on this website has been extracted from the register and is updated frequently. Please check the date at the bottom of each page for information on the currency of the information.

Except as expressly set out in these terms and conditions, the Board makes no statements, representations or warranties about the accuracy, adequacy or completeness of any information on this website, nor do we undertake to keep this website updated.

Except as expressly set out in these website terms and conditions, or to the extent required by non-excludable law, we do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on this website.

You must ensure your computer and telecommunications network is secure and must take your own precautions to ensure that the process that 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 or telecommunications network.

Limitation of liability

Except as expressly set out in these website terms and conditions, or to the extent required by non-excludable law, we are not liable for any loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with these website terms and conditions, or your use of this website (even as a user of the NSSAB Online Services portal).

If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.

Indemnity for losses you cause us

You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, your breach of these website terms and conditions (both Parts A and B), any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth) (including caused by third party claims against us alleging that content you posted to the website infringes these terms and conditions).

Access to the website is not guaranteed

Access to this website may be withdrawn at any time without notice. These terms and conditions will survive any such withdrawal.

Governing law and jurisdiction

If a dispute arises regarding the website or these website terms and conditions, the laws of Queensland, Australia, will apply. In relation to any such dispute, you submit to the exclusive jurisdiction of the courts of Queensland, Australia.

If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

Part B - Users of the NSSAB Online Services portal

These terms and conditions apply in addition to the terms and conditions in Part A, if you are a user of the NSSAB Online Services portal.

The NSSAB Online Services portal provides access to information about relevant governing bodies and schools, as well as the submission of forms and other electronic documents.

Access

In order to access the NSSAB Online Services portal, you must complete an access request form in the manner described on the website.

Users will be assigned access to the NSSAB Online Services portal based on their applicable user group. There are five user groups:

• Secretariat
• Board Member
• Governing Body and Non-State School
• Authorised Person
• Consultant

The user groups are mutually exclusive, meaning you will not be assigned access to more than one user group.

Your access to the NSSAB Online Services portal is subject to our approval. We reserve the right to terminate your access if you breach these terms and do not remedy the breach within a reasonable time notified by us (this time will vary depending on the nature of the issue in any particular case).

User groups    1. Secretariat

• Secretariat users are responsible for administering users, programs and submissions, as well as receiving compliance concern forms.
• Secretariat users can share documents and information with Board Members, Authorised persons and Consultants.

   2. Board Member

• Board Member users can view and download documents and information shared with them (including meeting papers and information about Governing Bodies and Non-State Schools).
• Board Member users acknowledge and agree that documents provided by the Secretariat users are confidential and subject to the Confidentiality, use and disclosure of meeting papers policy.

   3. Governing Body and Non-State Schools

• Governing Body users can:
• Upload and submit documents (including application forms, assessment documents, notices, review program documentation, update notification forms QCAST application forms and other general documentation);
• complete the annual Census;
• complete the annual Governing body update program
• view and update their Governing Body details; and
• view information about the Non-State Schools under their governance.
• Non-State School users can:
• upload documents (including Assessment document, update notifications and general documentation) for the Secretariat users;
• complete the annual Census if authorised by their Governing Body;
• view their Governing Body details; and
• view information about their Non-State School.

   4. Authorised Person (Assessor)

• Authorised Person (Assessor) users can view and download documents and information shared with them (including assessments and reports).
• Authorised Person (Assessor) users can upload documents for the Secretariat users.
• Authorised Person (Assessor) users acknowledge and agree that documents provided by the Secretariat users are confidential and may be subject to a Deed of Confidentiality, Privacy and Conflicts of Interest being signed before access is provided.

   5. Authorised Person (Audit)

• Authorised Person (Audit) users can
• Assign and maintain auditors
• Assign and maintain audit dates
• Enter verified data and discrepancies
• Review audit reports
• Submit audit reports
• Authorised Person (Audit) users acknowledge and agree that documents provided by the Secretariat users are confidential and may be subject to a Deed of Confidentiality, Privacy and Conflicts of Interest being signed before access is provided.

   6. Consultant

• Consultant users can view and download documents and information shared with them.
• Consultant users can upload documents for the Secretariat users.
• Consultant users acknowledge and agree that documents provided by the Secretariat users are confidential and may be subject to a Deed of Confidentiality, Privacy and Conflicts of Interest being signed before access is provided.

User obligations

Each user acknowledges and agrees to abide by the following when accessing and contributing to the NSSAB Online Services portal:

1. You acknowledge and agree that use of NSSAB Online Services does not change any of your obligations to provide information to the Board. You are not excused from providing information when required if you cannot access the NSSAB Online Services portal for any reason. If this happens, contact the NSSAB Secretariat for assistance.
2. You are responsible for all activity on the NSSAB Online Services portal conducted using your user credentials. Usernames and passwords are individual accounts and not governing body or school based. It is your responsibility to ensure you keep your user credentials secure and confidential to minimise the risk of unauthorised use of your credentials.
3. You agree to:
• use access to the NSSAB Online Services portal solely for the purposes for which it is intended;
• receive automatically generated email notices of updates or submissions you make;
• not permit any other person to use your NSSAB Online Services user account;
• take reasonable steps to ensure that nobody else knows your password; and
• change your password regularly (passwords expire after 60 days).
4. The Board is entitled to rely on any transaction using your username and password as being approved by you.
5. To the extent you upload any documents or other material to the NSSAB Online Services portal, you warrant that:
• you have all appropriate licences, permissions and consents to share those documents or materials (including, without limitation, in relation to any intellectual property rights or personal information within those documents or materials);
• the Board's use of those documents or materials for any purpose will not infringe the rights of any third party; and
• those documents and materials not contain any virus, ransomware or other technology based threat or risk to the NSSAB Online Services or any other User who may access such documents and materials.
6. You may cancel your access to the NSSAB Online Services portal at any time by contacting the NSSAB Secretariat.
7. The Board may, at any time and without notice to you, make changes to the NSSAB Online Services portal.