The operators of this site, and the Team at Yuruwan reserve the right to determine the conditions of the use of this site, including all information, tools and services available and offers that you, the user, access conditioned on the acceptance of all terms, conditions, policies and notices stated here.

In using the site, including accessing services and information contained therein, you are engaging in our service which we extend to the public, and agree to abide to the following terms and conditions including any and all conditions listed within the site. These conditions apply to all users without limitation and extends to all users who are visitors to the site, and vendors, merchants, customers and/or contributors of content to the site.

Please ensure that you read these terms and conditions before accessing or using the site. As a user accessing the site and our service, you agree to be bound by these terms of service. If you do not agree to the terms and conditions, Yuruwan reserves the right to refuse access to the site and service, and your access to the site and services provided will be restricted or limited.

You also agree not to reproduce, copy, resell or exploit any portion of the service, use of service, or access to the service provided, without express written permission from Yuruwan.

Further, nothing in these Terms and Conditions limits or excludes any guarantees, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded, and the extent permitted by law to forego liability for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to good will arising out of or in connection with the Services or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the website is understood by the user to be at their own discretion and risk. Yuruwan and any approved users or third parties confirmed by contractual agreement or written and signed consent provided by Yuruwan, make any express or implied representation for warranty in regard to services or products referred to on the website, including but not limited to loss or damage suffered as a result of failure of performance, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication failure, unlawful third party conduct, theft, destruction, alteration or unauthorised access to records.

Using this site

Use of the site and services does not permit any user of any rights to service or content including information, data and knowledge. Yuruwan owns all intellectual property rights contained herein, which extends to the content held by the site, however, content submitted by users and contractors on behalf of themselves and their communities will remain the property of those persons and communities. This includes but is not limited to only the content but extends to all accompanying and encompassing data, code, and materials, along with copyright, trademark, patents, data rights, moral rights and proprietary rights therein. As we do not own the material submitted to the site by contractors, licenses will be issued from external parties and owners in particular to grant the rights to display the content on the site. Other parties accessing the site may not use the content and data on the site as their own, and cannot appropriate, use, modify, reproduce, redistribute, sell, license, or otherwise exploit content without Yuruwan’s explicit free prior informed and written consent.

Prohibitions

No parts of this site, including data, code, or other materials will be published, distributed or otherwise without free, prior, informed, written consent from authorised persons or representatives of Yuruwan or the relevant holder of the rights of the materials. Any further sale/resale, redistribution, republishing, reproduction or duplication of materials and any encompassing data, code or materials in any way is strictly prohibited without limitation and violation of these terms may see users subject to liability without limitation for violation of the copyright, trademarks, intellectual property rights and any other Australian laws.

Further, this site and all encompassing materials, data and code will not be subject to use which threatens the integrity of the site, its administrators, authorised contractors and contributors, especially in ways which are unlawful or in violation of international, federal, state or regional laws and regulations. Such laws may also extend to any form of solicitation of third parties to commit unlawful acts, misleading or misinformed behaviours, intellectual property, as well as bullying, violence, harassment, intimidation, defamation, obscenity, indecent exposure and all forms of discrimination as contained within the Australian Anti-Discrimination Act 1993. Finally, this site will not be used for purposes which promote unethical behaviours in regard to transmission or spread of viruses, unauthorised collection of personal data and details, spam or phishing, and we reserve the right to take the appropriate lawful actions without limitation to suspend or restrict usability for violation of these terms.

Intellectual and Cultural Intellectual Property Rights

Yuruwan and the Intellectual and Indigenous Cultural Intellectual Property (ICIP) in regard to all of its material and non-material constituents including trade and business name, logo, artistic works, language, knowledge, cultural property, expression, and documentation of K/Gamilaroi people and culture recognise the true, inherent and rightful connection and sense of ownership and belongingnes to these constituents and as a community seek to uphold the integrity of them, and protect and care for them through exclusive, authoritative collective rights to them as K/Gamilaroi people, for and with other K/Gamilaroi people including but not limited to key Elders, language speakers, knowledge holders and community representatives. We also recognise the importance of ICIP in maintaining the authenticity and integrity of particular Indigenous cultural knowledges and Indigenous Knowledge Systems (IKS). The United Nations Declaration of the Rights of Indigenous Peoples recognises and respects ICIP, by stating that:

“Indigenous people have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge, and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.”

In this context, we are guided by the True Tracks Framework (Janke, 2021) to ensure that our associations with other other Indigenous people and communities including but not limited to key Elders, language speakers, knowledge holders and community representatives are grounded in respect, self-determination, consent and consultation, interpretation, integrity, rights to privacy, attribution, benefit sharing, maintaining Indigenous cultures, recognising and protecting IKS and ICIP.

Therefore, we reserve the rights to all Baayangali registered and unregistered trademarks and these may not be used in connection with unrelated, unauthorised or unaffiliated third-parties, products, sponsorship and/or services.

All trademarks, copyright, ICIP and intellectual property not owned by us including logos, service marks, along with cultural heritage, traditional knowledge, and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts, graphics, and sound recordings, are the property of their respective owners and/or communities. Display on this site does not grant or warrant unauthorised right, use or ownership by third-parties, products, services or users.

All information contained on the site, including contracted or licensed materials provided to the site, are protected by Australian copyright laws such as the Australian Copyright Act 1968. In using this site you acknowledge that ownership and property rights are allocated between recognised and authorised parties, solely, collectively and/or exclusively by Yuruwan and legally and formally authorised representatives, along with the ICIP and IP rights to Indigenous peoples, families and communities who may serve as recognised and contracted contributors or service providers to the site, and as a result of this, are to the full extent, without limitation, protected under Australian copyright laws, and all other applicable laws and international treaties. Except as otherwise stipulated and permitted explicitly through shared, mutual written agreement, you are prohibited from copying, appropriating, using, modifying, reproducing, redistributing, selling, licensing, or otherwise exploiting content without Yuruwan’s explicit free prior informed and written consent.

Failure to comply with these terms may result in limitation, restriction, exclusion and/or injunctive measures to ensure the protection, maintenance, authenticity and integrity of cultural, personal, community, or collectively confidential information and knowledge or knowledge systems, ICIP or IP rights, and to prevent the loss of value, or destruction, or social, cultural or political harm being caused in direct or indirect ways.

Submissions and Contributions

Any formal submissions or contributions received including articles, text, artworks, sound recordings, visuals, graphics, stories, photographs, concepts, ideas, designs, symbols, patterns, including but not limited to IP/ICIP will be accepted on the premise that, you/your community is the true and rightful representative of the materials submitted under any national, international, cultural and/or spiritual Law, and thus, as the true and rightful representative you warrant the public use and license of the material submitted and agree that no confidential of fiduciary relationship is intended between you and Yuruwan in the promotion and/or free, prior, informed consensual use of the materials on the site, or in any relevant context, you have sought the appropriate permissions for use of the content in ways which are inclusive of Australian and international IP/ICIP and copyright laws. In submitting to Yuruwan, not withstanding, you retain the right and ownership to your material, along with IP/ICIP for submissions in relation to ownership, copyright and intellectual property rights and laws. However, in regard to the Yuruwan Submission guidelines in submitting material to the site, you are agreeing to allow Yuruwan full operational rights and license to utilise materials in all contexts including royalty free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive rights, as well as the right to publish, store, copy, reproduce, modify, adapt, print, publish, translate, lessen, distribute, publish, display in all Yuruwan platforms present or forthcoming.

Yuruwan reserves the right to remove any content that at any time violates these agreements, along with any materials or content which imposes on the rights of others, including IP/ICIP, copyright, and national, international or transnational laws and legal responsibilities, and finally, assumes no responsibility for violations for IP/ICIP from third parties.