Terms of Use — Ìtura

These Terms apply to both Ìtura apps (itura.au and pro.itura.au). References to 'Ìtura' below include both unless otherwise stated.

Itura Pty Ltd (we, us, Owner) owns and operates the web application Ìtura (Ìtura or App).

The following terms of use (Terms of Use) govern your access to and use of Ìtura and the services available through Ìtura (Services). By accessing or using Ìtura you acknowledge that these Terms of Use apply to that access and use.

1. Amendments to Terms of Use

The Owner reserves the right to amend these Terms of Use from time to time at its discretion (Amendments). Any Amendments will take effect when the updated Terms of Use are posted within Ìtura or on the page where these Terms of Use are published (Effective Date). Where practicable, we will endeavour to provide notice of material Amendments. Your continued use of Ìtura after the Effective Date constitutes your acknowledgement of the amended Terms of Use. We suggest you review the Terms of Use periodically to ensure you are aware of the current version.

2. Use of Ìtura

(a) We may amend, restrict, or withdraw the Service or any of the Services listed without notice. We will not be liable for any unavailability of the Service.

(b) The information shown on Ìtura may be incomplete or outdated. Always call ahead to confirm hours, eligibility, and address before visiting any service. In an emergency, call 000.

(c) Ìtura is not a substitute for official sources or professional advice. Do not rely on Ìtura as the sole basis for compliance decisions, case assessment, or case management.

3. Linked Sites

Ìtura may contain links to other websites (Linked Sites), which are not operated by the Owner. The Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such Linked Sites, if any. Your use of Linked Sites is at your own risk.

4. Privacy

Ìtura does not require sign-up or registration to use. We collect anonymous usage analytics (no advertising). Any feedback you submit through the feedback form is kept only as long as needed to respond, and is not shared with third parties for marketing. We do not collect personal information for advertising purposes.

5. Prohibitions

(a) Access to Ìtura is provided to you on the basis that you must not misuse Ìtura. Accordingly, you will not do any of the following:

  1. commit or encourage a criminal offence;
  2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  3. hack into any aspect of Ìtura; corrupt data; cause annoyance to other users;
  4. infringe upon the rights of any other person's proprietary rights;
  5. send any unsolicited advertising or promotional material (spam);
  6. attempt to affect the performance or functionality of any computer facilities of or accessed through Ìtura;
  7. engage in abusive, harassing, threatening, intimidating, or discriminatory behaviour towards other users, listed service providers and their personnel, the Owner, or any of the Owner's representatives, employees, contractors, or volunteers, including via any feedback, messaging, contribution, or other communication features made available through Ìtura; or
  8. post, transmit, or otherwise share through Ìtura any information that identifies, or could reasonably be used to identify, a client, service user, or other individual receiving support from a service provider, including (without limitation) names, dates of birth, addresses, contact details, photographs, case or file numbers, or descriptions of personal circumstances. This obligation applies to all users of Ìtura, and in particular to users of Ìtura Pro acting in a professional capacity, who remain solely responsible for their compliance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and any obligations owed to their employer, engaging organisation, or governing professional body.

(b) Serious misuse of Ìtura, including abusive, harassing, or discriminatory conduct, or the unauthorised disclosure of personal information, may have civil and/or criminal consequences. We may suspend, block, or terminate your access — temporarily or permanently, with or without notice — and may report conduct to relevant authorities, including the South Australia Police, the eSafety Commissioner, the Office of the Australian Information Commissioner, or any other authority, where required or permitted by law.

(c) The Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Ìtura or to your downloading of any material posted on it, or on any Linked Sites.

6. Moderation & Reporting

(a) Right to moderate; no duty to monitor. The Owner may, but is not obliged to, monitor, review, screen, or moderate content submitted, posted, or transmitted through Ìtura. The Owner's failure to act on any particular content is not a waiver of its right to act on other content and does not give rise to any duty to act on similar content in the future.

(b) Responsibility for your content. You are solely responsible for any content you submit, post, or transmit through Ìtura. By doing so, you warrant that you have the right to share that content, that it does not infringe any law (including defamation, privacy, intellectual property, and anti-discrimination law), and that it complies with these Terms of Use. You indemnify the Owner against any loss, claim, or liability arising from content you submit in breach of these Terms of Use.

(c) Reporting content or conduct. If you believe that content on Ìtura, or the conduct of another user, breaches these Terms of Use or is otherwise unlawful, you may report it to feedback@itura.au (or such other channel as the Owner may designate from time to time). The Owner will review reports within a reasonable time and take such action as it considers appropriate.

(d) Removal and access restriction. The Owner may, at its sole discretion and with or without notice or reasons:

  1. remove, edit, or restrict access to any content;
  2. suspend, block, or terminate your access to Ìtura;
  3. restrict access by IP address, device, or other technical means; and
  4. refer the matter to relevant authorities.

(e) Prohibited material. The submission, posting, or transmission of "class 1 material" or "class 2 material" (within the meaning of the Online Safety Act 2021 (Cth)), or any other unlawful content, is strictly prohibited. The Owner will remove such material as soon as practicable on becoming aware of it and may report it to the eSafety Commissioner and other relevant authorities.

(f) Cooperation with authorities. The Owner may cooperate with, and respond to lawful requests from, regulatory authorities, law enforcement, the eSafety Commissioner, the Office of the Australian Information Commissioner, and courts of competent jurisdiction.

(g) Retention of records. Notwithstanding any removal of content or termination of your access, the Owner may retain records of conduct, content, and related metadata for the purposes of compliance, legal claims, safety, and law-enforcement cooperation.

(h) Professional and employer obligations (Ìtura Pro). Where you use Ìtura Pro in the course of your employment, engagement, or volunteering with a service provider or other organisation, your use of Ìtura must also comply with that organisation's policies and any professional obligations binding on you. Nothing in these Terms of Use displaces those obligations, and the Owner does not owe you any duty in the nature of an employer.

7. Intellectual property, software and content

(a) The intellectual property rights in all software, the Services and Ìtura content (including photographic images) made available to you on or through Ìtura remain the property of the Owner or its licensors and are protected by copyright laws and treaties around the world. The Owner and its licensor (where appropriate) reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on Ìtura.

(b) If a user, by using the Ìtura application, creates or contributes any material, content, data, inputs, outputs, configurations, workflows, documentation, feedback, or other subject matter that is capable of intellectual property protection (User IP), whether alone or jointly with the Owner, the user irrevocably assigns to the Owner all intellectual property rights in the User IP, including any rights that arise in the future.

(c) To the extent any such rights do not vest automatically in the Owner, the user holds those rights on trust for the Owner and must promptly transfer them on request.

(d) The user waives all moral rights in the User IP to the fullest extent permitted by law.

(e) This clause does not transfer ownership of a user's pre‑existing intellectual property that is provided to Ìtura independently of the App (Pre‑Existing IP). However, the user grants the Owner a non‑exclusive, royalty‑free licence to use any Pre‑Existing IP solely to the extent necessary to operate and demonstrate Ìtura.

8. Disclaimer of liability

(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on Ìtura is provided without any guarantees, conditions or warranties as to its accuracy.

(b) To the fullest extent permitted by law, the Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and is not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Services, arising out of or related to the use, inability to use, performance or failures of Ìtura or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

(c) This disclaimer does not affect the Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.

(d) Nothing in these Terms of Use limits any non-excludable rights you may have under the ACL.

9. Linking to Ìtura

You may link to Ìtura, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Ìtura must not be framed on any other site, nor may you create a link to any part of Ìtura other than the home page. We reserve the right to withdraw linking permission without notice.

10. Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on Ìtura are in no way associated, linked or affiliated with the Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on Ìtura are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Owner.

11. Indemnity

To the maximum extent permitted by law, you indemnify the Owner and its officers, employees and agents against any third‑party claim, loss, damage or expense (including reasonable legal costs) arising from (a) your breach of these Terms of Use, or (b) your unlawful or wilfully improper use of Ìtura. This indemnity does not apply to the extent the claim arises from the Owner's negligence or breach of law.

12. Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.

13. Complaints

(a) We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints should be sent to feedback@itura.au.

(b) We will respond within a reasonable time and may request further information to investigate your complaint.

14. Governing Law and Jurisdiction

These Terms of Use are governed by the laws of South Australia, Australia. Each party submits to the non‑exclusive jurisdiction of the courts of South Australia.

Effective from 2026-04-29.

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