1. About the website
Welcome to wirrah.com.au (the "Website"). The Website provides information about Wirrah's work in First Nations workforce protection, including the Wirrah program for identifying and managing colonial load in First Nations workplaces.
The Website is operated by Wirrah Pty Ltd (ABN 38 696 995 794) ("Wirrah", "we", "us", "our"). Please read these terms of use ("Terms") carefully. By using, browsing or reading the Website, you signify that you have read, understood and agree to be bound by the Terms. If you do not agree, you must stop using the Website immediately.
We may review and change any of the Terms by updating this page at our discretion. Where we update the Terms, we will use reasonable endeavours to provide notice. Changes take effect from the date of publication. We recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website.
3. The Wirrah program is arranged separately
The Wirrah program is not transacted through the Website. Engagements are arranged separately, typically procured by a funder on behalf of participating organisations, and are governed by separate written agreements between the relevant parties.
These Terms govern your access to and use of this Website only. They do not constitute an offer to supply services, and no contract for the supply of the Wirrah program is formed by visiting or using this Website.
You may not use this Website if you are not of legal age to form a binding contract, or if you are barred from receiving services under any applicable law.
4. Use of the website
You agree to use the Website only for purposes permitted by these Terms and any applicable law. In particular, you will not:
- use the Website for any illegal or unauthorised purpose, including harvesting contact details to send unsolicited communications;
- frame, or link to, the Website without authorisation; or
- use the Website, or its content, through automated means.
Access to and use of the Website is limited and non-transferable.
5. Fees and payment
No payment is collected through this Website. Fees for the Wirrah program, where they apply, are set out in the separate written agreements that govern an engagement. Any benefits in these Terms apply in addition to your rights under the Australian Consumer Law.
6. Intellectual property
The Website and its content, including text, graphics, logos, images, page code, design elements and the Wirrah name and marks, are owned or controlled by Wirrah Pty Ltd and are protected by copyright under Australian law and international treaties.
The Wirrah program is delivered using a Microsoft 365-native platform provided by GraceX Pty Ltd under licence to Wirrah. Rights in that platform remain with GraceX.
Wirrah grants you a worldwide, non-exclusive, royalty-free, revocable licence to use the Website in accordance with these Terms, to store it in your browser's cache, and to print pages for your own personal, non-commercial use. No other rights are granted. Nothing you do on the Website transfers to you any business name, trading name, domain name, trade mark, design, patent or copyright.
You may not, without our prior written permission and the permission of any other relevant rights owner, republish, upload to a third party, transmit, distribute, adapt or change the Website content for any purpose, except as these Terms allow.
7. Privacy
We take your privacy seriously. Any information provided through your use of the Website is handled in accordance with our Privacy Statement.
8. General disclaimer
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law, which by law may not be limited or excluded.
Subject to that, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions not expressly stated in these Terms are excluded; and we will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill, arising out of or in connection with the Website or these Terms, whether in contract, tort (including negligence), in equity, under statute or otherwise.
Use of the Website is at your own risk. Everything on the Website is provided "as is" and "as available" without warranty of any kind.
9. Website content
All care is taken in preparing the information published on this Website. We do not make representations or give warranties about the accuracy, reliability, completeness or suitability of any information published on it. To the extent permitted by law, we will not be liable for any loss, damage or cost incurred as a result of information being inaccurate or incomplete for any reason.
This Website may contain links to other parties and their websites. We do not control those sites and make no warranty about their content. A link does not imply that we endorse or are responsible for the linked material.
10. Limitation of liability
Our total liability arising out of or in connection with the Website or these Terms, however arising, including in contract, tort (including negligence), in equity, under statute or otherwise, is limited to the maximum extent permitted by law. To the extent any liability cannot be excluded, our liability is limited, at our option, to re-supplying access to the relevant part of the Website or paying the cost of having that access re-supplied.
11. Competitors
For the purposes of this clause, a "competitor" means an entity providing identical platform services to end users in direct competition with Wirrah's core offering, and expressly excludes professional services providers using the Website for legitimate client delivery. Competitors are not permitted to use or access content on the Website other than as publicly available information. Any alleged breach will be notified in writing with a 30-day period to remedy before any enforcement action.
12. Termination
These Terms continue to apply until terminated by either you or us. We may terminate the Terms with you if you breach, or intend to breach, any provision, or if we are required to do so by law. Subject to applicable law, we may discontinue or remove your access to the Website at any time, without notice, if you breach these Terms or any applicable law.
13. Indemnity
You agree to indemnify Wirrah, its affiliates, employees, agents and licensors from and against all claims, liabilities, costs and expenses (including legal fees on a full indemnity basis) arising out of or in connection with any content you submit, your unlawful use of the Website, your infringement of any third-party rights in connection with your use of the Website, or any breach of these Terms.
14. Dispute resolution
If a dispute arises out of or relates to these Terms, neither party may start court proceedings in relation to it, except where urgent interlocutory relief is sought, unless the following has been complied with.
A party claiming a dispute has arisen must give the other party written notice setting out the nature of the dispute, the desired outcome and the action required to resolve it. On receipt of that notice, the parties must, within 28 days, try in good faith to resolve the dispute by negotiation. If the dispute is not resolved within 28 days, the parties must agree on a mediator or request that one be appointed by the Resolution Institute. The parties share the mediator's fees and venue costs equally, and each pays its own costs. Any mediation will be held in Sydney, Australia. Communications made in the course of dispute resolution are confidential and treated as "without prejudice".
15. Venue and jurisdiction
The Website is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute is the courts of New South Wales, Australia.
16. Governing law
These Terms are governed by the laws of New South Wales, Australia. Any dispute or claim arising out of or relating to these Terms is to be governed, interpreted and construed under the laws of New South Wales, Australia, without reference to conflict of law principles. These Terms bind and benefit the parties and their successors and assigns.
17. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part is severed and the rest of the Terms remain in force.
18. Contact
If you have any questions or concerns about these Terms or the content of the Website, contact Wirrah Pty Ltd at tanika@wirrah.com.au.