Definitions of Terms Used in 'Terms and Conditions of Use'

Web

Web means the internet (including ESA & NICTA external websites), ESA & NICTA intranet and any other online presence. 

SPAM

In Australia, SPAM is regulated by the provisions of the Spam Act 2003 (Cth).  Section 6 of the Spam Act defines a “commercial electronic message” as:

“an electronic message, where, having regard to:

1. the content of the message; and
2. the way in which the message is presented; and
3. the content that can be located using the links, telephone numbers or contact information (if any) set out in the message;

   it would be concluded that the purpose, or one of the purposes, of the message is:

4. to offer to supply goods or services; or
5. to advertise or promote goods or services; or
6. to advertise or promote a supplier, or prospective supplier, of goods or services; or
7. to offer to supply land or an interest in land; or
8. to advertise or promote land or an interest in land; or
9. to advertise or promote a supplier, or prospective supplier, of land or an interest in land; or
10. to offer to provide a business opportunity or investment opportunity; or
11. to advertise or promote a business opportunity or investment opportunity; or
12. to advertise or promote a provider, or prospective provider, of a business opportunity or investment opportunity; or
13. to assist or enable a person, by a deception, to dishonestly obtain property belonging to another person; or
14. to assist or enable a person, by a deception, to dishonestly obtain a financial advantage from another person; or
15. to assist or enable a person to dishonestly obtain a gain from another person; or
16. a purpose specified in the regulations.”

You may not send a commercial electronic message to a person without consent (which may be inferred or implied). All commercial electronic messages must contain a functional unsubscribe facility and must obtain sufficient details to allow the recipient to contact the sender.

Please note that the laws regulating SPAM differ from country to country. You should obtain advice specific to your circumstances prior to sending any message that offers or advertises goods or services.

You can find a copy of the Spam Act  2003 (Cth) at http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/DED153276FD7C6F9CA2570260013908A/$file/SpamAct03WD02.pdf

Confidential Information

The term “confidential information” can incorporate a wide range of valuable, non-public information including:

1. any information that is not disclosed to the world at large;
2. any materials, documents or information identified as confidential whether disclosed in writing or orally;
3. any non-public information relating to the financial or business affairs of a party;
4. commercial or technical information;
5. know how;
6. data;
7. designs;
8. processes;
9. photographs;
10. drawings;
11. specifications; and
12. software programs.

Privacy Laws

The NICTA Privacy Policy can be found at http://www.nicta.com.au/privacystatement.cfm.
Information on the Privacy Act 1988 (Cth) can be found at www.privacy.gov.au.

Intellectual Property

The World Intellectual Property Organisation defines Intellectual property as “creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.”

Intellectual property can be divided into two main categories, industrial property and copyright. Industrial property includes inventions, patents and industrial designs. Copyright includes literary, dramatic, musical and artistic works, cinematographic films, sound recordings, sound and television broadcasts and published editions.

Copyright law in Australia is governed by the Copyright Act 1968 (Cth). Copyright does not protect ideas, information or facts but instead protects the form in which those ideas, information or facts are expressed. Upon satisfaction of the provisions set out in the Copyright Act, Copyright protection is automatic. Registration is not required and it is not necessary to use a copyright notice (©, name of copyright owner, year of publication).

Specific rights attach to the different types of copyright right including those of use, performance, reproduction, adaptation and communication.  The laws governing the use and protection of intellectual property vary from country to country and you should always seek specific advice relevant to your circumstances.

For more information visit:
World Intellectual Property Organisation (WIPO) at www.wipo.int
IP Australia at www.ipaustralia.gov.au