1. Terms and Conditions
These Terms and Conditions (Terms) apply to the Tunarch Architectural Website (at www.tunarch.org) and portal (Portal) and any material or services used or accessed through the Portal.
These Terms form part of the agreement between you and Tunarch (hereinafter referred to as "Tunarch", "we", "our" or "us"), the operator of a platform that gives you, the user, access to our Portal.
Our Portal offers many features such as access to architectural designs, concepts, drawings, renderings and other materials (Materials).
Any reference to “Tunarch” in these Terms refers to Tunarch Pty Ltd ACN 649 521 086 which comprises all related bodies of Tunarch Pty Ltd ACN 649 521 086 as that term is defined under the Corporations Act 2001 (Cth).
By using the Portal, you are deemed to accept these Terms which govern Tunarch’s relationship with you in relation to the Portal.
Tunarch may change the content of the Portal at our discretion and without notice. By continuing to use the Portal, you accept these Terms as they apply as amended from time to time.
3. User License
Permission is granted to download one copy of the Materials from the Portal for personal, non-commercial use and viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
* Modify or copy the Materials;
* Use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
* Attempt to decompile or reverse engineer any software contained on the Website;
* Remove any copyright or other proprietary notations from the Materials; or
* Transfer the Materials to another person or "mirror" the Materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Tunarch at any time at Tunarch’s sole discretion
if Tunarch is of the reasonable view that your conduct warrants termination. Upon termination of this license, you must destroy any downloaded Materials
in your possession whether in electronic or printed format. In the event that any material you may upload, share, publicise or transmit on the Website
is protected by intellectual property rights, you grant Tunarch a non-exclusive, global, non-transferable license, reserving the right to: sub-license, exploit,
distribute, modify, run, copy, publicly reproduce or display, translate its content and derivate works based on them. This means, for example, that by publishing a project,
you give us the permission to store, copy and share it with other users and service providers operating our Website. The license will automatically terminate when the user content is removed from our systems.
4. Protecting Your Privacy
The Portal is an internet application that provides users with a secure means to view information, designs, concepts, images or other media relating to architecture (Materials).
As part of the user registration process, Tunarch collects personal information. Tunarch’s policies and procedures are compliant with the Privacy Act 1998 (Cth) (Privacy Act).
Where Tunarch is operational or otherwise accepts or stores personal information from data subjects ordinarily resident or domiciled in the United Kingdom (UK) or European Union (EU), you understand that,
while Tunarch takes all reasonable measures to comply with applicable legislation relevant to the UK and EU, Tunarch warrants that it will use all reasonable endevours to process personal data in accordance
with the provisions of the EU General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (UK).
You agree that the following security measures are in place for the protection of your privacy:
* Unique Username and Password. You will define your own unique username and password in order to access the Portal. You agree not to share your username and password to the Portal with anyone else.
* Encryption. Information transmitted in the portal is encrypted via https connection(s) with single-socket layer (SSL) certificates
* Access requirements. When you are provided access to define your unique username and password by Tunarch, you are authorised to access and use the Portal in accordance with these Terms and in compliance with all applicable laws, rules and regulations.
* Responsibility for username and password.You are solely responsible for any activities related to your username and password. You will immediately report: 1. any inappropriate access to your account and 2. any loss or disclosure of your username or password.
* Right to revoke username and password. Tunarch reserves the right to revoke your access to the Portal at any time in its sole discretion, including to protect your privacy. You will be notified if we discontinue your access to the Portal.
* Environmental appropriateness. You are solely responsible for choosing an appropriate environment from which to log into the Portal.
* Logout. You shall always log out of the Portal before leaving your computer.
* Wireless. If you access the Portal using a wireless device, you are solely responsible for the security of the session.
* Portal Security. The Portal has security measures in place to help protect against the loss, misuse, or alteration of information under our control. These measures include using a secured messaging service when we send you personal information electronically.
Despite these measures, the confidentiality of any communication or material transmitted to or from us via the Portal by Internet or e-mail cannot be guaranteed.
* Site Visitor data. Tunarch monitors the Portal including from time to time frequency of usage, issues with usage and other specific usage.
* Evaluation and research. We may periodically ask users to complete surveys asking about their experiences with features of the Portal. Our surveys may ask visitors for demographic information such as age, gender, and education,
but will not request in such surveys that users provide specific information about any medical condition. We use survey information for research and quality improvement purposes, including helping Tunarch improve the Portal. In addition, users giving feedback may be individually contacted for follow-up due to concerns raised during the course of such evaluation.
* Disclosure. We may disclose personal information if required or permitted by law.
The Materials contained in the Portal are Tunarch’s property or the property of the users who have granted us an applicable licence (this also applies to any relevant third-party software forming part of the Portal).
We grant you the right to use these materials and content, but only for the purposes of using the Portal in accordance with these Terms.
You acknowledge that our ownership and centralised management of personal records is in compliance with the requirements of the Privacy Act and to manage risk.
5. Closing Your Account
If you want to discontinue your use of the Portal, you agree to inform Tunarch of your request to close your account. You understand that if you close your account, you will no longer be able to use or access the Portal and your account on the Portal will be closed. You understand that any information stored in the Portal at the time your account is closed and will be archived in our database.
Users can delete individual content items (Uploaded Content) or all content at once by deleting their user account. You can download or export a copy of your Uploaded Content at any time before deleting your account. After deletion of your account, your Uploaded Content will no longer be visible to other users. Tunarch takes no responsibility and cannot reasonably monitor or ensure that users who may have downloaded your Uploaded Content prior to deletion of your account delete or destroy any of your Uploaded Content.
Tunarch will take all reasonable measures to delete all Uploaded Content from its storage devices following the deletion of your user account, subject to any requirements to retain your Uploaded Content for legal, compliance or other related or investigatory purposes. In such cases, Uploaded content will be kept for no longer than is necessary for the purposes for which it was saved (the exact duration will be determined individually). In each of the above cases, the license will be valid until the content has been completely removed.
Where Tunarch has intellectual property over any of the Materials, you agree that your use of the license granted under these Terms does not serve to waive Tunarch’s rights, and that any use of the Materials to which intellectual property rights may attach must not be exercised without Tunarch’s prior express written consent.
6. Disclaimer of Liability
Although Tunarch has taken due care in the compilation of the information on the Portal, its contents may contain errors, faults and inaccuracies, offensive content, and may not be complete or current. Accordingly, the information and the Portal is provided ‘as is’ without any express or implied warranty of any kind (including without limitation, as to fitness for purpose or that use will be uninterrupted or error-free), and the Portal is used at your own risk.
To the maximum extent permitted by law, Tunarch expressly disclaims all liability (including negligence) for any loss, damage, injury, expense or costs incurred by you accessing or relying on the information of the Portal, or by you becoming exposed to offensive or explicit Uploaded Content.
Where links to external sites are shared in the Platform, Tunarch has not reviewed all of the sites linked to the Portal and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Tunarch of the site. Use of any such linked website is at the user's own risk. Tunarch does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on the Portal or otherwise relating to such materials or on any sites linked to this site.
7. Portal Interruption
The Portal includes text, software code, scripts, graphics, displays and others.
Due to the nature of the internet and the given technology, we are unable to guarantee that you will be able to use the Portal at all times without any interruption and without delay or faults, and that the Portal will at all times meet your expectations or be free from offensive content. We can therefore make no assurance with respect to the performance or availability of the Portal.
8. User Account
You may access the Portal directly via the web-based application.
After accessing the Portal, you can set up a user account with a username (email or mobile phone number) and password.
When you register your user account or provide us with other information, you are also declaring that the information provided to us is correct and complete.
In the event of any change in the information at a later time, you declare that you will promptly notify us of such changes by updating the information.
9. Collection of Personal Information
This will include collecting information about your email address, first and last names. We may also collect information about your interactions with us, including your responses to surveys relating to Portal improvement.
10. Data Security
Tunarch holds personal information electronically with the assistance of service providers who provide data storage, hosting and cloud computing services.
In either case we implement a range of measures to protect the security of that personal information. For further information on what measures we implement, contact firstname.lastname@example.org
11. Portal Websites and Cookies
Tunarch operates various websites including tunarch.org and where relevant, other websites on which these Terms is posted with our authority (collectively, our Websites).
If a user visits any of our Websites to read, browse or download information, our system may record information such as the user’s IP address, browser type, domain names, access times and referring website addresses. This information is used by Tunarch for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of our Websites.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our Websites.