Please read the following terms and conditions (Terms of Use) before using the National Library of Australia's Online Services. Our Online Services include the National Library's website, catalogue, online bookshop and Digital Classroom.

1. Agreement

1.1 These Terms of Use constitute an agreement between you and the National Library (the Library). By using and accessing any component of the listed Online Services, you agree to be bound by these Terms of Use. These Terms of Use apply whether you have, or have not registered for account/s related to the Online Services with the Library.

1.2 These Terms of Use must be read in conjunction with any terms and conditions appearing on the Library's website, including:

1. Copyright
2. Disclaimer
3. Privacy
4. Privacy Policy.

2. Definitions

2.1 In these Terms of Use, except where the contrary intention is expressed, capitalised terms have the following meaning:

1. Copyright means the copyright notice.
2. Disclaimer means the National Library of Australia disclaimer.
3. ICIP means the National Library of Australia Indigenous Cultural and Intellectual Property Protocol
4. Library, we, our and us means the National Library of Australia (ABN 28 346 858 075) a body corporate established by the National Library Act 1960 (Cth).
5. Online Services means the Library's sites comprising its website, catalogue, online bookshop and Digital Classroom, but excluding its online research portal, Trove.
6. Personal Information has the meaning given in the Privacy Act 1988 (Cth) and associated regulations and applicable privacy-related codes.
7. Privacy Policy means the Library's privacy policy.
8. Privacy means the Library's privacy information.
9. Terms of Use means these terms of use that apply to the use of the National Library website (including its online bookshop and Digital Classroom) and the National Library catalogue.

3. Registration and account information

3.1 To use some of our services you will need to register for an account or accounts, you may be required to provide some Personal Information, such as your email address. For more information, refer to privacy and the privacy policy.

3.2 You agree to provide the Library with accurate and complete registration information, including a valid email address by which you can be contacted for administrative purposes. Accounts without a valid email address may be terminated in accordance with section 11.1. It is your responsibility to inform the Library of any changes to your registration information and update it online.

3.4 You agree not to create an account using false or misleading information or on behalf of someone other than yourself. Please note that using a pseudonym will not violate this section 3.4.

3.5 You must keep your account details (including your password) confidential and not provide them to any other person.

3.6 Subject to section 3.5, where the registered user is an organisation, the organisation is responsible for ensuring the security of the account details (including your password).

3.7 You are responsible for all activities that occur through your account, including the security of your account details and any unauthorised use of your account. To the extent permitted by law the Library is not responsible for any unauthorised use of your account whether due or arising from hacking, fraud, phishing or otherwise.

4. Use of the Library's Online Services

4.1 Your use of the Library's Online Services is subject to the conditions set out in these Terms of Use.

4.2 If you reproduce any content delivered by, or made available on the Library's Online Services you must attribute the content. To attribute a reference to the Library's Online Services, it is recommended to use the Australian Government Style Manual for referencing and attribution.

4.4 You agree, in using the Online Services and content delivered by, or made available on these services not to:

1. sell, rent, or otherwise offer content to others, without the Library's prior written consent.
2. use in any unlawful, fraudulent, defamatory or harmful manner any of the content, or use the content in a way which would constitute or encourage a criminal offence, or give rise to liability under, or breach of, any law.
3. use any automated tool to access, copy or extract any content or information available, without the Library's prior written consent.
4. introduce or permit the introduction of any virus, worm, trojan or other malicious code, or in any other manner whatsoever corrupt, degrade or disrupt the services.

4.5 You agree and consent to the use of cookies by the Library.

4.6 You agree to comply with all applicable laws in using the Library's Online Services.

4.7 You agree and consent to the Library using tools, such as Google analytics, to track your behaviour and use, and to the use and sharing of that information with others on a de-identified and non-attributable basis.

4.8 You agree and consent to the Library identifying you by your IP address and browser settings if you are misusing its Online Services or the catalogue or breaching these Terms of Use.

4.9 You acknowledge that the Library has the right to implement technical measures and mitigations which may affect your access if you use technical measures or other arrangements to circumvent or otherwise not comply with these Terms of Use.

4.10 Excluding the sale of books and the promotion of the Library or Trove events or philanthropic activities:

1. the Library's Online Services are provided solely for non-commercial purposes, including personal and educational use.
2. you must not distribute any content or material containing any advertising, promotion or solicitation for goods, services or funds, or solicitation for anyone to become members of any commercial enterprise or organisation, without the express written permission of the Library.

4.11 Any unauthorised use of any interactive area, or content delivered by, or made available on the Library Online Services or catalogue, is expressly prohibited.

4.12 You must seek permission from the Library if you would like to use the Online Services in a way that is not outlined in these Terms of Use.

5. Intellectual property rights

5.1 The Library (or its licensors to the extent applicable) own and retain all right, title and interest in and to:

1. the logos, design and architecture of the Library's Online Services
2. the trademarks, including the National Library of Australia trademark, Bookplate cafe, Digital Classroom, National Library of Australia Publishing and National Library of Australia Bookshop
3. any content created by or on behalf of the Library, including user guidance information (collectively, the National Library's IP).

5.2 Except for any rights explicitly granted in writing by the Library under these Terms of Use or otherwise, you are not granted any rights in and to any Library IP.

6. Copyright

6.1 Nothing in these Terms of Use limits the copyright conditions outlined in Copyright.

6.2 You must ensure that your use or reproduction of any content delivered by, or made available complies with the Copyright Act 1968 (Cth) and the copyright owner's licensing requirements. This includes, to the extent required, checking with and/or obtaining the copyright owner's consent before using or reproducing such content.

7. Indigenous Cultural and Intellectual Property (ICIP) Protocol

7.1 The Library has custodianship over rich archival, published, pictorial and oral history collections documenting the experiences, culture and language of First Nations peoples – the First Australians – and recognises the rights of First Nations people to be seen as primary guardians, interpreters and decision-makers of their heritage.

7.2 The National Library has developed an Indigenous Cultural and Intellectual Property (ICIP) Protocol to guide all parties in the access and use of ICIP in its collections. In addition to access conditions set by copyright and other rights holders (who may or may not be an ICIP holder), access to collection items containing ICIP may also be determined by the wishes of an ICIP holder(s) or the need for further consultation with and consent by relevant First Nations communities.

7.3 Internal or external researchers are made aware of the obligation to acknowledge ICIP incorporated in the relevant material, and to attribute the relevant ICIP rights-holders or the First Nations community, where known. This may apply to published or unpublished collection items.

8. No warranty

8.1 The Library expressly disclaims any and all warranties of any kind, express or implied, in respect of the Library's Online Services.

8.2 Without limiting section 7.1, the Library makes no warranty, express or implied, nor assumes any legal liability or responsibility in relation to the following:

1. that the Library's Online Services and associated servers are free of computer viruses or any other harmful components, defects or errors
2. that any defects will be corrected
3. that your access will be reliable, uninterrupted or error-free
4. for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures
5. for any theft, destruction, corruption, damage or unauthorised access to your computer system or network.

9. Security

9.1 The Library's Online Services (other than the catalogue) software hosted through an external, third-party service provider. The Library or its contracted external website hosting service provider does not accept responsibility for accidental or malicious damage that may arise to your local systems, data, software or hardware through accessing its Online Services and the content.

9.2 To maintain the security of the Library's Online Services and to assist in maintaining its availability, the Library has authorised contracted Online Services service providers to use software programs to monitor network traffic. The programs identify unauthorised attempts to upload or change information, deny service, or otherwise cause damage or access non-public information. Unauthorised attempts to upload or change information are strictly prohibited and may be punishable under legislation. The Library, or its contracted Online Service providers, may provide information about possible violations of the law to law enforcement officials.

9.3 The Library reserves the right to limit or block automated requests submitted at a rate that negatively impacts service delivery to patrons.

10. Liability

10.1 The Library does not guarantee the accuracy or completeness of the Library's Online Services or any content made available by, or accessible on, the Library's websites or catalogue.

10.2 To the extent permitted by law, the Library is not liable for any loss, injury, claim, liability or damage of any kind resulting from the use of its Online Services, or for any content available or accessible on them, including any privacy breach or infringement of copyright. The Library is not liable for any special, indirect, incidental or consequential loss or damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from, or arising in connection with the use of or inability to use its Online Services.

11. Indemnity

11.1 To the extent permitted by law, you indemnify the Library, its officers, directors, employees, agents, distributors and affiliates, and any third party information providers, for any loss or damage suffered, or any costs or expenses incurred or resulting from any breach of these Terms of Use by you or your access or use of the Library websites or catalogue, including any or all third party claims, demands, liabilities, costs or expenses arising directly or indirectly out of or in connection with your access or use of the services.

11.2 You must cooperate with the Library as reasonably required in the defence of any third-party claim.

12. Termination and suspension of access

12.1 The Library reserves the right to:

1. withdraw, suspend or limit your access to or use of the Library's Online Services
2. limit, suspend, terminate, modify or delete your account/s, at its discretion, without providing notice to you.

12.2 If:

1. your access to or use of the Library's Online Services has been withdrawn, suspended or limited by the Library
2. your account has been limited, suspended, terminated, modified or deleted by the Library
3. you may not register for another account, without the Library's prior written consent.

13. Appeal process

13.1 If your access to or use of Library's Online Services has been withdrawn, suspended or limited by the Library, or your account has been limited, suspended, terminated, modified or deleted by the Library, you may make a complaint to the Library using the Library's feedback form.

13.2 The Library will deal with and respond to your complaint in accordance with the National Library's service charter.

14. Changes to the Terms of Use

14.1 The Library may change these Terms of Use at any time in its sole discretion.

14.2 The Library will notify you of any changes to these Terms of Use by adding or linking to a statement on the Library's website and the amended Terms of Use will take effect 5 working days (in the Australian Capital Territory) after the date on which the statement was added. If you do not agree to the updated Terms of Use, you must immediately cease using the Library's websites or the catalogue.

15. Entire agreement

15.1 These Terms of Use constitute the entire agreement between the parties, and supersede all previous agreements relating to the use of the Library's Online Services.

16. Severability

16.1 If any provision of these Terms of Use is deemed to be unenforceable for any reason by any court, the invalidity of the provision does not affect the validity of any other provisions in these Terms of Use, which remain in full effect.

17. Location of the Library's Online Services

17.1 The Library's Online Services are controlled and offered by the National Library of Australia. The Library makes no representations that these services are appropriate or available for use in other locations. Those who access or use the services from other jurisdictions do so at their own volition and are responsible for complying with local law.

18. Governing Law

18.1 These Terms of Use are governed by the laws of the Australian Capital Territory.

18.2 You submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.