1. Introduction

    ChineseMuseum.com.au (Website) is owned and operated by Museum of Chinese Australian History ACN 607 298 019 (the Chinese Museum). In this policy, “us” “we” or “our” means The Chinese Museum.   By accessing this Website, you agree to be bound by these Terms and Conditions of Use (Terms of Use). Your access to and use of the Website is subject to these Terms of Use.

    2. Website Content

    You understand and agree that all material, information and data accessed or used by, or provided to, you through the Website (the Website Content) is the intellectual property of The Chinese Museum or any relevant third parties from whom the Chinese Museum may license that Website Content.

    You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website Content (either in whole or in part) unless you have been specifically told that you may do so by the Chinese Museum or by the owners of that Website Content, in a separate agreement.

    You understand that by using the Website you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.

    You acknowledge that we may use Cookies on our website, and by using the site consent to this use.

    3. Intellectual Property

    Unless otherwise indicated, all intellectual property in the Website is owned or licensed by the Chinese Museum. Subject to these Terms, the Chinese Museum grants you a non-exclusive, non-transferable, limited licence (Licence) to view, download and use information directly accessible through the Website.

    You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not infringe the Chinese Museum's intellectual property in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe the Chinese Museum's intellectual property or other rights.

    Any of the trademarks or logos displayed on the Website may be registered or unregistered marks of the Chinese Museum. You may not use these trademarks or logos without the express permission of the Chinese Museum. Any unauthorised use of the trademarks or logos is strictly prohibited.

    4. User Content

    If you upload information or content (User Content) in the course of accessing or using the Website, you agree that such User Content will be available to the Chinese Museum to use in any manner it thinks fit, subject to applicable provisions of the  Chinese Museum Privacy Policy and any legislation, including, without limitation, the Privacy Act 1988 (Cth). You agree that you will not upload or otherwise provide any User Content which:

    1. is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading;
    2. infringes the intellectual or other proprietary interests of third parties;
    3. impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services the Chinese Museum considers to be inappropriate;
    4. contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms;
    5. violates any law, statute or regulation;
    6. forges information to disguise the origin of any User Content; and
    7. encourages or incites any other person to engage in any of the above behaviour.

    You grant the Chinese Museum a non-exclusive, worldwide, perpetual, irrevocably, royalty-free, sub-licensable right to exercise the copyright you have in any User Content. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in favour of the Chinese Museum.

    5. Disclaimers

    Except as provided by law, the Website is provided “as is” and without any express or implied warranty of any kind.

    The Chinese Museum does not warrant that access to or use of the Website will be uninterrupted or error free or that the Website or any material on or accessible through the Website is free from errors or viruses, worms, trojan horses or other harmful components.

    You acknowledge that your access to and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of the Chinese Museum’s control.

    The Chinese Museum does not warrant anything about the reliability, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any material on or accessible through the Website.

    You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Website or the material on or accessible through the Website.

    6. Limitation of Liability

    You agree that the Chinese Museum is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms, in tort (including negligence) or otherwise arising out of, or in connection, with:

    1. the use of the Website;
    2. the use by the Chinese Museum of information provided by you to the Chinese Museum through the Website;
    3. being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
    4. the use of your Website password by you or any third party to whom you have made the password available.

    Subject to the Competition and Consumer Act 2010 (Cth), the Chinese Museum expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at the Chinese Museum’s sole discretion):

    e. in the case of goods, any one or more of the following:

    1. the replacement of the goods or supply of equivalent goods;
    2. the repair of the goods;
    3. the payment of the costs of replacing the goods or acquiring equivalent goods; or
    4. the payment of the costs of having the goods repaired.

    f. in the case of services:

    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again.

    7. Indemnity

    You indemnify the Chinese Museum against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by the Chinese Museum, arising from, or which is directly or indirectly, related to:

    1. your breach or non-observance of any term of these Terms; or
    2. any breach or inaccuracy in any representations or warranties made to the Chinese Museum.

    8. Suspension or termination of access

    The Chinese Museum reserves the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that the Chinese Museum believes, in its sole discretion violates any provision of these Terms of Use, violates the rights of the Chinese Museum or third parties or is otherwise inappropriate.

    9. Links

    This Website, including eNewsletters, may contain links to third party websites. The inclusion of a link does not imply that the Chinese Museum has endorsed or verified the linked websites. The Chinese Museum makes no warranty or representation concerning these links or the linked websites and you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.

    The Website, including e-Newsletters, may feature or display third party advertising. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither the Chinese Museum, nor its officers, employees, agents ore related bodies corporate recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale of make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.

    10. Competitions

    The Chinese Museum may from time to time run competitions or other promotions on this Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

    11. Privacy Policy

    We are committed to protecting your personal information and meeting the Australian Privacy Principals contained in the Privacy Act 1988 (Cth) (the Act) as amended from time to time. The Chinese Museum Privacy Policy can be viewed on our website

    12. General

    The Chinese Museum reserves the right to amend these Terms of Use at any time without notice to you. Your continued use of the Website after such change constitutes an agreement by you to abide by the Terms of Use, as amended.

    If any of these Terms of Use are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.

    No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms.

    These Terms are governed by the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in Victoria and you agree to submit the jurisdiction of those courts.

    These Terms were last updated on 1 May 2020.

    For further information on using this site, please contact:

    The Chinese Museum

    22 Cohen Place, Melbourne

    Phone- 9662 2888

    Email – [email protected]