Terms & Conditions
By signing up to the Qantas Asset Hub you acknowledge and agree:
(i) to the Qantas Asset Hub terms of use;
(ii) that Qantas will collect, store, use and process your personal information to monitor access, send notifications and ensure the use of Assets within the portal aligns to the Asset licence and usage Terms and the Qantas Asset Hub terms of use; and
(iii) that you are authorised to upload for display on the Qantas Asset Hub the content you upload, including any personal information about the Asset owner or licensor, and you will produce evidence of that authority on request.
QANTAS ASSET HUB TERMS OF USE
Current as at 1 August 2018
Overview
These terms of use (the Terms) govern your use of the Qantas Asset Hub (the Site). Your use of this Site will mean you accept these Terms and agree to comply with them. By using the Site, you represent and warrant that you are lawfully able to accept these Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Terms on such entity's behalf, agree to draw the Terms to such entity’s attention, and agree that such entity agrees to indemnify Qantas Group for violations of these Terms. If you do not accept these Terms or are not authorised to accept these Terms, you must not use the Site.
Qantas (us or we) reserves the right to change any of the terms and conditions contained in the Terms, the Asset Terms (defined below) or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site. We recommend that you print or save a copy of these Terms for future reference and periodically refer to them to check for updates.
If any clause in these Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted in these Terms are reserved.
1. Definitions
Asset refers to an individual piece of content that is published on the Site for use by Users in accordance with these Terms and the Asset Terms.
Asset Terms means the terms of use that pertain to the use by the User of a particular Asset and which are available on the Site in respect of that Asset, including but not limited to the jurisdiction in which the Asset may be used, the way the Asset may be used, the time frame in which the Asset may be used and the media platform on which the Asset may be used.
Damages means liabilities, expenses, losses, damages, penalties, fines and costs (including legal costs on a full indemnity basis and whether incurred or awarded against a party), regardless of whether such Damages arise in contract, tort (including negligence), common law, equity, statute or otherwise.
Laws means any statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction and includes any industry codes of conduct.
Qantas means Qantas Airways Limited (ABN 16 009 661 901).
Qantas Asset Hub means the platform which is a central repository for Qantas’ final image and design files and includes functionality for Users to search and download Assets and, for Qantas Asset Hub Authors, to upload and manage Assets.
Qantas Asset Hub Author means Users that Qantas has designated as authorised to upload and manage Assets on the Site.
Qantas Brand Guidelines means the Qantas guidelines prescribing the permitted form and manner in which Qantas trade marks, logos and other intellectual property may be used in the form set out in the Qantas Asset Hub (www.assethub.qantas.com) from time to time.
Qantas Group means Qantas, its related bodies corporate (as defined by the Corporations Act 2001 (Cth)) and companies in which Qantas holds or controls (directly or indirectly) 25% or more of the issued capital.
Qantas Group Company means a company in the Qantas Group.
Site means the website www.assethub.qantas.com on which the Qantas Asset Hub, which is part of Adobe Experience Manager, is made available.
2. Intellectual Property Rights
2.1 The material contained on this Site, including each Asset, is protected by copyright. Except as otherwise expressly set out in these Terms or as permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material displayed on the Site or any Asset, or create any other material using the material on the Site or any Asset without obtaining the prior written consent of Qantas.
2.2 Qantas hereby grants to you a limited, personal, non-exclusive, royalty-free, non-transferable and non-sublicensable licence to access the Site and use any Asset for the sole purpose of and only to the extent necessary for (in respect of contractors and third parties) the proper performance of your agreement with a Qantas Group Company or (in respect of Qantas Group employees) the proper performance of your role and responsibilities as a Qantas employee.
2.3 Trade marks (whether registered or unregistered), logos and Assets contained on the site must not be used or modified in any way without ensuring that alterations are on brand and are in alignment with Qantas’ offering. Users must obtain written consent from a Qantas Brand Champion if you are in doubt and for any approval of modified Assets.
2.4 Your use of any material contained on the Site or any Asset must be in accordance with:
(a) the level of access granted for your personal User account;
(b) these Terms;
(c) the Asset Terms; and
(d) any other applicable terms and conditions including but not limited to the User’s terms of employment (for employees) or contractor or services agreement (for contractors and third parties).
2.5 The Site, Assets, products, technology and processes contained on or underlying the Site may be the subject of intellectual property rights owned by Qantas or by third parties. No licence is granted in respect of those intellectual property rights except those that are set out in these Terms.
2.6 Your use of this Site and the Assets must not in any way infringe the intellectual property rights of any person. Qantas may suspend or terminate your access to the Site and/or the Assets in the event that Qantas knows or suspects that your use of the Site or any Assets may infringe the intellectual property rights of any person.
3 Your access to the Site
Registration and Users
3.1 The Site and Assets are intended for use only by:
(a) Qantas employees and contractors authorised by Qantas; and
(b) employees and contractors of nominated agencies who are responsible for providing services to the Qantas Group but only for so long as (i) the individual remains employed or engaged by such agency, (ii) the individual is responsible for servicing the Qantas Group and (iii) the agreement (whether written or unwritten) between the Qantas Group and the agency is in effect and has not expired or been terminated,
in each case for whom Qantas has created a User account (each a User).
3.2 You must not provide your account details or password to any third party.
3.3 You may not assign or transfer your rights or benefits under these Terms to any other person or entity without the prior written consent of Qantas. Your rights and any licences granted under these Terms are personal and may not be transferred or sub-licensed to any other person.
3.4 As a condition and in consideration of your use of the Site and the Assets, you agree to:
(a) provide accurate, current and complete information about you as required through any registration or authorisation processes on the Site (Registration Data);
(b) maintain and promptly update the Registration Data, and any other information you provide to Qantas to ensure it is accurate, current and complete at all times during your use of the Site and/or Assets;
(c) maintain the security of your password and account identification, and not disclose your password and account identification to any person or permit any other person or entity to use your password and account identification to access the Site;
(d) notify Qantas immediately at www.assethub.qantas.com on becoming aware of or suspecting any unauthorised use of your account or other breach of security, and take immediate action to prevent any further such unauthorised use or security breach (including changing the password associated with your account identification);
(e) notify Qantas promptly at www.assethub.qantas.com when you leave the Qantas Group business (for Qantas Group employees) or cease to be an authorised agent of Qantas (for contractors and third party service providers) so that your user profile may be promptly disabled/reassigned by Qantas;
(f) accept all responsibility for any and all activities that occur under your account (where or not such activities are undertaken by you and whether or not such activities were undertaken with your knowledge or authorisation); and
(g) accept all risks of unauthorised access to the Registration Data and any other information you provide to Company.
Use of the Site and the Assets
3.5 It is your responsibility to check the Terms (which as stated above may be updated from time to time by Qantas) and the then-current Asset Terms for an Asset prior to using that Asset to ensure that your proposed use of the Asset will be compliant.
3.6 You must only use the Site and the Assets in accordance with any User manual issued by Qantas from time to time.
3.7 You may only use the Site or the Assets for the benefit of the Qantas Group and: (i) if you are an employee of the Qantas Group, in the proper performance of your role and responsibilities; and (ii) if you are a contractor or third party, in accordance with the terms of your engagement with the Qantas Group. To the extent that you or your personnel will benefit commercially or financially in any way from your use of the Site or the Assets, such benefit must be approved by Qantas in writing in the form of a validly executed agreement between you and Qantas.
3.8 Except as otherwise permitted under clause 2.3, you must not modify any Assets you obtain or download from the Site in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics comprising an Asset separately from any accompanying text for that Asset.
3.9 You must ensure that all copyright or other intellectual property notices contained in any Asset are retained at all times.
3.10 Unless otherwise expressly stated in the Asset Terms, you must not:
(a) access or use the Site unless you are a User and have been issued a User profile which is active and includes the permissions and authorisations for your proposed use;
(b) access or use the Site using any User identification other than the identification issued to you by Qantas;
(c) link to the Site or any page of the Site;
(d) download, copy, reproduce or re-transmitting any or all of the Site and/or the Assets;
(e) downloading or using an expired Asset
(f) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe an individual or company onto the Site if you are not expressly authorised by Qantas to do so;
(g) reverse engineer, alter or modify any part of the Site including injecting malicious or inaccurate content;
(h) circumvent, disable or otherwise interfere with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site;
(i) sell, license, lease or in any way commercialise the Site or any of the Assets without specific written authorisation from Qantas; and
(j) use the Site or any of the Assets other than for its intended purpose.
Uploading Assets to the Site
(a) You may only upload Assets to the Site if: [the Asset complies with Qantas Brand Guidelines and has been approved as in final-form by Qantas;]
(b) in respect of Qantas Group employees and contractors, you have been designated as a Qantas Asset Hub Author by your manager; and
(c) in respect of agency employees and contractors, you have been nominated to have Qantas Asset Hub Author access to the Site by an authorised representative of Qantas,
and in each case you have completed the User training and received a copy of the User manual for the Site from Qantas.
3.11 Unless otherwise expressly stated in the Asset Terms, you must not:
(a) upload any material to the Site unless and until you have completed training and received a user manual for the Site;
(b) upload any material to the Site which is inaccurate, incomplete, work in progress (for the avoidance of doubt, materials will be work in progress until they have been approved as final by the Qantas Asset Hub Author / their manager) or is not connected to Qantas or it operations; or
(c) upload any Asset without providing the associated Asset Terms (to include all information for each Asset set out in the definition of Asset Terms above) for that Asset.
3.12 When you upload any Asset to the Site:
(a) you must complete the upload in accordance with and as required by the training provided by Qantas;
(b) you must comply with the then-current User manual;
(c) you must complete the Asset Terms for the Asset to the best of your knowledge and belief;
(d) you warrant that the Asset is the original work of the relevant author, and that you have all rights required to upload that Asset to the Site and for Qantas to grant the licences to Users that are set out in these Terms in respect of that Asset and make that Asset available to third parties pursuant to and in accordance with the functionality of the Site;
(e) you warrant that that the Asset Terms you have detailed for the Asset are true, accurate and complete;
(f) you agree that Qantas may disclose your identity to Users of the Site in attributing you as the contributor of the Asset (but that Qantas has no such obligation to attribute the Asset to you);
(g) you agree that you will promptly notify Qantas <assethub@qantas.com.au> in the event that any of the Asset Terms changes or on the termination (other than through expiry detailed in the Asset Terms) of the rights to use the Asset.
3.13 Notwithstanding any of these Terms, Qantas may, in its absolute and sole discretion, terminate or suspend your use and/or access to the Site and/or the Assets or change the permissions and access levels associated with your User identification.
Responsibility for your actions
3.14 You acknowledge and agree that you will be liable and must defend and indemnify each Qantas Group Company and their respective personnel from and against all Damages to the extent suffered or incurred in connection with, arising out of or in respect of your use of the Site and/or Assets (including any failure by you to upload accurate terms concerning the use of an Asset and any harmful code or viruses that you introduce to the Site), except where such use is expressly permitted under these Terms and the Asset Terms.
3.15 You represent and warrant that you will comply with the Terms, the Asset Terms and all applicable Laws in your access to, use of or any other activity related to the Site or the Assets.
3.16 It is your responsibility to ensure the correct selection of and use of an Asset in accordance with these Terms and the Asset Terms.
Misuse or suspected misuse
3.17 You must not misuse or interfere with the Site or any Asset in any way, including by knowingly introducing viruses, Trojans, worms or any other malicious or harmful material. You must only use the Site and the Assets in compliance with these Terms.
3.18 You must notify Qantas at www.assethub.qantas.com immediately on becoming aware of:
(a) any material on the Site which you consider infringes or may infringe the intellectual property rights of any other person;
(b) any actual or suspected unauthorised access to or use or misuse of or interference with the Site or any of the Assets, regardless of whether or not such access, use, misuse or interference relates to or originates from your User account;
(c) any change to or termination (other than expiry) of any Asset Terms applicable to any Asset which you or your predecessor has uploaded to the Site;
(d) any claim by any third party in relation to the Site or the use of the Asset(s);
(e) any actual or suspected disclosure of your User identification code or password to, or any actual or suspected use of your User identification code or password by, any other person;
(f) any actual or potential security risk or issue which may adversely affect the Site or its Users, including any introduction of bugs, viruses, Trojans or other malicious or harmful material; or
(g) any actual or suspected misuse, interference or loss relating to personal information held within or available through the Site.
4 Disclaimers and Limitation of Liability
4.1 The Site and the Assets are made available by Qantas on an “as is” basis. Nothing in these Terms is intended to exclude or restrict the application of such laws, but Qantas does not give and hereby excludes any guarantees, warranties or representations of any kind, express or implied, with respect to use of the Site or any of the Assets including in respect of suitability, availability, accuracy, quality, accessibility, fitness for any purpose, content, uptime, integrity of data, currency, accuracy and correctness.
4.2 To the fullest extent permitted by applicable Laws, Qantas disclaims all liability to you or anyone else for any Damages, including:
(a) any specific, indirect, consequential or economic loss;
(b) loss of profits, sales, business or revenue;
(c) business interruption;
(d) loss of data; or
(e) loss of business opportunity, goodwill or reputation,
in each case however caused and which is suffered directly or indirectly in connection with the use of the Site, including for any interference with or damage to your computer systems.
5 Website Security
5.1 Qantas will use reasonable efforts to ensure that the Site and Assets do not contain any viruses or defect which may damage your computer or related systems used to access the Site and the Asset(s). However, Qantas does not guarantee that the Site will be secure or free from bugs or viruses and will have no liability for any interference or damage to your computer or systems that may arise as a result of accessing or using the Site or Assets.
5.2 When you access the Site, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through the Site. Qantas does not control SSL and cannot guarantee the strength or effectiveness of that encryption.
5.3 Qantas gives no express or implied representation or implied warranty as to the security of the Site or of your computer in accessing the Site.
5.4 Qantas does not guarantee that the Site or any Assets on it will always be available or will be uninterrupted. Qantas may suspend, withdraw or restrict the availability of the Site, any part of the Site or any Assets at any time in its sole discretion. Qantas will use reasonable endeavours to give you prior notice of such suspension or withdrawal but has no obligation to do so.
6 How Qantas uses personal information
6.1 In order to create your User account for the Site Qantas requires you to provide to it certain personal information.
6.2 See the Qantas privacy policy for information about how we may use your personal information. We will only use your personal information as set out in our privacy policy.
7 How Qantas uses Cookies
7.1 Cookies are small pieces of data stored on the web browser on your computer. This Site and associated websites (including those you reach by clicking on advertising) may store cookies on your web browser.
7.2 You can visit our viewing tips page to see if you have cookies enabled in your browser. See how we use cookies and to enable or disable cookies in your browser.
8 External Sites
8.1 This Site may contain links to, or frame, websites of third parties ("external sites"). Qantas may not, and is not required to, maintain or update the links.
8.2 Links to, or framing of, external sites should not be construed as any endorsement, approval, recommendation or preference by Qantas of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this Site.
8.3 Qantas has no control over the content of external sites and makes no warranties and accepts no liability in relation to material contained on external sites.
8.4 When you leave the Site, these Terms and any other Qantas terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
8.5 Your participation, correspondence or business dealings with any third party found on or through the Site are a matter solely between you and such third party. Any terms, conditions, warranties or representations associated with such dealings, including regarding the payment and delivery of any goods or services to be provided to you by the third party, are not subject to these Terms and are subject to the relevant terms and conditions, including privacy and data gathering practices, of the third party (which you are responsible for obtaining).
8.6 You agree that any reference to a third party on the Site is not an endorsement, recommendation or approval of that third party by Qantas.
8.7 Qantas and the Qantas Group shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any your dealings with any third party.
9 Laws applicable to any disputes
9.1 These Terms, their subject matter and their formation, together with any non-contractual disputes or claims arising out of them, are governed by the laws of the State of New South Wales and the Commonwealth of Australia.
9.2 We both agree to the exclusive jurisdiction of the courts of the State of New South Wales and the Commonwealth of Australia.
10 Questions and Contact Information
10.1 Questions or comments about the Site or the Terms may be directed to the following: