Terms of Service

Duduroa Dhargal Aboriginal Corporation ABN 77 660 014 339

Effective Date: 19 June 2025

  1. ACCEPTANCE OF TERMS

    1.1 By accessing, browsing or using any website, mobile application, digital platform (“Site”), service, program, event or activity (collectively, “Services”) operated or offered by Duduroa Dhargal Aboriginal Corporation ABN 77 660 014 339 (“Corporation”, “we”, “our” or “us”), you (“you”, “your”, “Client” or “Participant”) agree to be bound by these Terms of Service (“Terms”).

    1.2 If you do not agree to these Terms, you must immediately cease accessing or using the Services.

    1.3 If you are entering into these Terms on behalf of a company, organisation, government agency or other legal entity, you represent and warrant that you have authority to bind that entity and its affiliates to these Terms.

  2. DEFINITIONS

    “Cultural Heritage Services” means any service provided by the Corporation that involves, preserves, protects or promotes the cultural heritage of the Duduroa Dhargal people, including but not limited to ceremonial welcome activities, on‑Country cultural experiences, cultural inductions, cultural heritage monitoring, inspections or assessments, advisory and educational services, and the facilitation of heritage permits or approvals.

    “Intellectual Property” has the meaning given in clause 5.

    “Participant” means any person who attends, observes or otherwise takes part in the Services.

    “Traditional Custodians” means the Elders, custodians and knowledge holders of the Duduroa Dhargal people who hold cultural authority in relation to Country, language, stories and heritage.

  3. PURPOSE OF SERVICES

    3.1 The Corporation is a not‑for‑profit Aboriginal Corporation established to support, preserve and promote the interests, culture and wellbeing of the Duduroa Dhargal people and community.

    3.2 The Services may include cultural programs, events, advocacy, community development, advisory and access to cultural resources and information.

  4. CULTURAL HERITAGE SERVICES

    4.1 Booking & Engagement
     (a) A Client may request Cultural Heritage Services by submitting a written or online booking request specifying the proposed date, location, scope and audience.
     (b) The Corporation may accept or decline a booking request in its sole discretion and will issue a written confirmation once accepted.
     (c) Unless otherwise agreed in writing, any quotation provided by the Corporation is valid for 30 days and is subject to the availability of Traditional Custodians and crew.

    4.2 Client Obligations
     (a) The Client must provide complete and accurate information regarding the purpose, audience size, venue conditions, safety considerations and any media coverage anticipated.
     (b) The Client is responsible for ensuring that the venue, equipment and on‑site logistics are suitable for the requested Services and comply with all occupational health and safety requirements.

    4.3 Cultural Protocols & Directions
     (a) All Participants must at all times show respect for Aboriginal culture, customs and spirituality.
     (b) Participants must comply with any reasonable direction given by the Corporation, Traditional Custodians or their authorised representatives, including directions to cease photography, recording or other conduct that may be culturally inappropriate.
     (c) Without limiting clause 4.3(b), the recording (audio, video or still), broadcasting or live‑streaming of the Cultural Heritage Services is prohibited unless the Corporation grants prior written approval.

    4.4 Sacred & Sensitive Material
     (a) Certain knowledge, sites, artefacts, images or stories disclosed or displayed during the Services may be sacred, secret or gender‑restricted. Such material must not be recorded, reproduced, transmitted or disclosed to any third party without the express prior written consent of the Corporation.
     (b) The Client must ensure that any children or vulnerable persons participating are supervised and behave in a respectful manner.

    4.5 Cultural & Environmental Protection
     The Client must ensure that activities associated with the Services do not damage or disturb Aboriginal cultural heritage, flora, fauna, artefacts, human remains, waterways or sacred places and must immediately notify the Corporation of any heritage items discovered.

  5. CULTURAL & INTELLECTUAL PROPERTY

    5.1 Ownership
    All cultural knowledge, languages, artwork, songs, dances, ceremonies, designs, stories, data and documentation (including photographs, audio or video) shared, performed or produced in connection with the Services (collectively, “Intellectual Property”) remain the inalienable property of the Duduroa Dhargal Traditional Custodians and are protected by law.
    5.2 Limited Licence
     Subject to full payment of all fees, the Corporation grants the Client a non‑exclusive, non‑transferable, revocable licence to use any deliverables supplied under the Services solely for the purpose and territory agreed in writing.
    5.3 Prohibited Uses
     The Client must not copy, adapt, translate, publish, commercialise, sub‑licence or otherwise exploit the Intellectual Property without the Corporation’s prior written consent.
    5.4 Moral Rights & Attribution
     The Client must ensure that Traditional Custodians are appropriately acknowledged in any authorised use of the Intellectual Property and that the integrity of cultural expressions is maintained.

  6. FEES, PAYMENTS & CANCELLATIONS

    6.1 Fees
     (a) Fees for the Services will be as quoted by the Corporation. Quoted amounts are inclusive of GST unless stated otherwise.
     (b) The Corporation may require a non‑refundable deposit of up to 50 % of the quoted fee to secure the booking.
    6.2 Payment Terms
     Invoices are payable within 14 days of issue or as otherwise stated in the invoice. Late payments may attract interest at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic).
    6.3 Client Cancellations
     (a) Cancellations received more than 14 days before the scheduled Service will forfeit the deposit only.
     (b) Cancellations received 14 days or fewer before the Service will result in the Client being liable for 100 % of the quoted fee.
    6.4 Corporation Cancellations
     If the Corporation must cancel due to circumstances beyond its reasonable control (including illness of Traditional Custodians, extreme weather or force majeure), the Corporation will refund any deposit paid or, by agreement, apply it to a rescheduled date.

  7. PARTICIPANT RESPONSIBILITIES & RISK ACKNOWLEDGEMENT

    7.1 Certain Services may involve exposure to natural elements, open flames, smoke, uneven terrain or other hazards. By participating, you acknowledge these risks and agree to exercise reasonable care.
    7.2 You release and indemnify the Corporation, Traditional Custodians and their personnel from any liability for injury, loss or damage suffered in connection with the Services except to the extent caused by their gross negligence.

  8. PRIVACY

    Your personal information is handled in accordance with our Privacy Policy, accessible on our Site. By using the Services you consent to the collection, use and disclosure of your information as described therein.

  9. THIRD‑PARTY LINKS & SERVICES

    Where our Site or programs provide links to third‑party websites or integrate third‑party services, those resources are provided for convenience only and are not under our control. We are not responsible for their content, accuracy or privacy practices.

  10. DISCLAIMERS

    10.1 The information provided via the Services is for general cultural and educational purposes and does not constitute legal, financial or professional advice.
    10.2 While the Corporation endeavours to ensure all information is accurate and up‑to‑date, no representation or warranty of any kind, express or implied, is made regarding its completeness or reliability.

  11. LIMITATION OF LIABILITY

    To the maximum extent permitted by law, the Corporation excludes all liability for any indirect, incidental, special or consequential loss or damage and limits its aggregate liability for any claim arising under these Terms to the amount of fees actually paid by the Client for the relevant Services.

  12. CULTURAL HERITAGE INFORMATION ACCURACY

    All cultural information is provided in good faith as understood by the Traditional Custodians at the time of delivery. Cultural perspectives may evolve, and the Corporation accepts no liability for perceived inconsistencies arising from the oral nature of Aboriginal knowledge systems.

  13. FORCE MAJEURE

    Neither party is liable for any delay or failure to perform its obligations (except payment obligations) due to causes beyond its reasonable control, including fire, flood, pandemic, strike or government action.

  14. CHANGES TO TERMS

    We may amend these Terms at any time by posting the revised version on our Site. The revised Terms will take effect on the “Last Updated” date. Continued use of the Services after that date constitutes acceptance of the amendments.

  15. GOVERNING LAW & DISPUTE RESOLUTION

    15.1 These Terms are governed by the laws of Victoria, Australia.
    15.2 The parties agree to attempt to resolve any dispute arising under these Terms by good‑faith negotiation. If the dispute is not resolved within 30 days, either party may refer the matter to mediation administered by the Australian Disputes Centre. Nothing in this clause prevents a party from seeking urgent interlocutory relief.

  16. CONTACT US BELOW

    Duduroa Dhargal Aboriginal Corporation
    Postal address: PO Box 360, Wodonga VIC 3689
    Phone: +61 429 859 963
    Website: https://www.ddac.net.au/