Terms and Conditions for the use of essa intellectual property

Parties: This agreement is between Exercise & Sports Science Australia (ESSA);

the members of ESSA.

1. Ownership

1. 
   ESSA is the owner of all intellectual property rights and interests including but not limited to all trade marks whether registered or unregistered, copyright material, patents or designs that are created by or for ESSA and/or utilised by ESSA, including any future rights or interests that ESSA may gain from time to time (ESSA Intellectual Property).
   

2. Acceptance of Terms and Conditions

1. 
   Your access to/and use of the ESSA Intellectual Property is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained herein ("the Terms and Conditions").
   
2. 
   Your use of and/or continued access to the ESSA Intellectual Property constitute your agreement to the Terms and Conditions. ESSA may amend the Terms and Conditions at any time by posting amended Terms and Conditions on the ESSA website. The fact that the Terms and Conditions have been changed will be highlighted, in respect of any changes made within the previous 30 days. The amended Terms and Conditions will be effective immediately and you will be bound by the amended Terms and Conditions from that time. The Terms and Conditions may not be amended otherwise. You should visit the ESSA website periodically to review the Terms and Conditions. If you breach any of the Terms and Conditions your right to use and access ESSA Intellectual Property automatically terminates and ESSA reserves all other rights or remedies it may have against you in relation to such breach.
   

• 
  You acknowledge that you have read, and agree to abide by and be bound by, the ESSA Style Guide.
  

1. 
   You may not frame, post, upload, transmit or in any way use the ESSA Logo/s or ESSA Intellectual Property, unless it is provided for in these Terms and Conditions or it is expressly authorised in writing by ESSA.
   
2. 
   You may not modify the ESSA Logo/s in any way.
   

1. 
   The ESSA Intellectual Property must be used solely for the purpose of:
   
   1. 
      Promoting that you are a full and financial member of ESSA; (ESSA logo mark).
      
   2. 
      Promoting that you are a full and financial accredited member of ESSA (Accreditation logo marks).
      
   3. 
      Promoting that you have an accredited continuing education course with ESSA (CE logo mark).
      

2. 
   You must immediately notify ESSA if you suspect or discover that the ESSA trade mark(s) or other ESSA Intellectual Property have been accessed or used for any purpose other than the Permitted Purpose.
   

1. 
   ESSA grants you a licence to use the trade marks of ESSA for the Permitted Purpose, subject to the Terms and Conditions ("the Licence").
   
2. 
   The Licence commences when you receive a copy of the trade marks from ESSA.
   

1. 
   ESSA expressly disclaims all liability to you for any damages whatsoever (including, without limitation, loss of data, loss of profits and incidental or consequential damages) resulting from the access or use of, or inability to access or use, the Logo(s).
   

1. 
   You agree to fully indemnify ESSA against any loss, damage, liability and costs that ESSA may sustain as a result of any breach by you of any of the Terms and Conditions or of any applicable laws.
   

1. 
   The Terms and Conditions are effective until terminated by ESSA. ESSA may terminate this agreement and your access to the Logo at any time without notice. A breach of any of the Terms and Conditions may result in immediate termination of this agreement. In the event of termination, you are no longer authorised to access or use the ESSA Intellectual Property. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.
   

1. If any provision of this Agreement is held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation it must be severed so that the validity and enforceability of the remaining provisions are not affected.

1. 
   This Agreement must be read and construed according to the laws of the State of Queensland and the parties submit to the jurisdiction of that State and the Commonwealth of Australia.
   

ESSA ID NUMBER: _______________________________________

_______________________________ _______________________

Signature Date

1. 
   The ESSA logo is constructed with the symbol and the letterforms.
   
2. 
   The symbol and the letterforms have been custom designed and no attempt should be made to recreate the logo.
   
3. 
   The ESSA logo is available in several variations, specific to areas of membership or accreditation, namely:
   
   • 
     Member
     
   • 
     Accredited Sports Scientist
     
   • 
     Accredited Exercise Physiologist
     
   • 
     Accredited Continuing Education course
     
4. 
   These versions of the ESSA logo may appear in colour, or in black and white, and cannot have its proportions changed.
   
5. 
   Members and accredited members are encouraged to utilise the appropriate logo on marketing material, such as business cards and brochures, to promote ESSA brand awareness, and to verify their area of specialisation.
   
6. 
   These logos are never permitted to be utilised by non-members and non-financial members. Members may only utilise the logo that pertains to their area of accreditation, and members must at all times be financial accredited members of ESSA to continue to access the privilege of using an ESSA logo.