Acceptance of Terms
Application of Terms
Use of the Website
6. You may be permitted to post, upload or submit information and materials to the College through the Website and you are solely responsible for this information and materials. You will not post information or materials containing viruses or other harmful malware, nor will you use language or engage in any activity that is abusive, threatening, discriminatory, unlawful or which may be viewed as denigration of others on the basis of race, gender or sexual preference.
7. Any services, resources and information provided via the Website should not be relied upon for advice of any kind. You should obtain specific advice for your individual circumstances from an appropriate professional.
8. The College may communicate with you by email at the email address provided by you from time to time or by posting notices in the Website. It is your responsibility to monitor your email and the Website periodically for such communications and notices.
9. You consent to receiving electronically all agreements, notices, disclosures, information, publications and other communications that the College provides to you in the above manner.
Username and Password
10. The College has provided you with a username and password to access the Website. You acknowledge that you are solely responsible for all activity relating to access to the Website under your username and password whether authorised or otherwise.
11. You are responsible for keeping confidential the username and password for access to the Website and you agree not to reveal your username or password to any other person. Only you are authorised to access the Website with your username and password. You must take reasonable precautions to protect your username and password from being obtained by others including but not limited to the following:
(a) do not tell anyone your username and password;
(b) do not let anyone watch you enter your username and password to access the Website;
(c) do not leave or store the username and password details in an unsecured place.
12. You must advise the College immediately of any person using your account without your consent or in relation to any other security breaches.
13. You release and indemnify the College and its directors, officers, employees and agents from any loss or liability that may arise out of the use or misuse of your username and password.
Monitoring of Use of the Website
14. The College has the right to monitor and access any and all aspects of its computer system and websites including the Website. The purposes for monitoring and access include the following:
(b) ensuring that there is no illegal or improper use of the Website; and
(c) accessing or retrieving information that may have been deleted.
15. Monitoring will occur for any of the above reasons, including where the College is legally obligated to do so.
No Unlawful or Prohibited Use
Links to Third Party Sites
21. Any links on the Website to third party websites will allow you to leave the Website. The linked websites are not under the control of the College and the College is not responsible for the contents of any linked website or any link contained in a linked website or any changes or updates made to such websites. Links provided in the Website are for user convenience only and the College does not imply endorsement by the College of the linked websites or their links.
Limitation of Liability and Indemnity
22. In no event will the College and/or its related body corporates as defined in the Corporations Act 2001 (Cth) and/or its suppliers be liable for any loss or damage whatsoever, including without limitation any special, indirect, consequential or other loss resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this Website. Applicable law may not allow the limitation or exclusion of certain liability or incidental or consequential damages, in which case the above limitation may not apply to you to that extent. In no event will the College’s total liability to you for all damages, losses and causes of action whether in an action of contract, negligence or other tortious action exceed the amount paid by you, if any, for accessing the Website.
23. If the College suffers any loss or damage or incurs any liability or costs whatsoever in connection with the use by you of the Website or any other legal obligation then you unconditionally and forever agree to indemnify the College and its directors, officers, employees and agents for those losses, damages, liability and costs including costs of legal representation on a solicitor and own client basis in receiving advice on or defending any claim.
24. If users of the Website use a forum or discussion board on the Website, the College is not liable either for the users’ opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
25. The College acknowledges that certain services provided by it may come with certain guarantees which cannot be excluded under the Australia Consumer Law. To the extent that such guarantees cannot be excluded by law, the College’s liability is limited, to the extent it is permitted by law to do so, at its election, to the re-supply of such services at no cost to you. In all other respects, all content on the Website is provided on an “as is” basis and the College excludes all other conditions and warranties implied by custom, law or statute to the extent permitted by law.
26. While care is taken, the College does not warrant that the functions contained in the Website or the Website itself will be uninterrupted or error-free, that defects will be corrected or that the Website, the Website’s server or any linked websites are free of viruses or other harmful malware. The College does not warrant or make any representations regarding the use or the results of the use of the materials on the Website in terms of their correctness, accuracy, reliability, timeliness, completeness or otherwise.
27. Use of the Website is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, use of, or access to data, files, information, content or other material on or through the Website.
29. All trade marks, business names and other product and service names (Trade Marks) on the Website are proprietary to their respective owners. The Trade Marks may be registered or unregistered Trade Marks of the College or its related entities as defined in the Corporations Act 2001 (Cth). Nothing contained on the Website should be construed as granting any licence or right of use of any Trade Mark displayed on the Website without the express written permission of the owner of the Trade Mark.
30. Copyright in the Website and all publications in the Website is the property of the College unless otherwise specified. All rights are reserved.
Jurisdiction and Severability
(a) Words denoting persons include all bodies, associations, companies, partnerships, instrumentalities and entities corporate or unincorporate, and vice versa.
(b) References to any of the parties include in the case of a person, their personal representatives and permitted assigns, and in other cases their successors and permitted assigns.
(c) Words expressing the singular include the plural and vice versa.
(g) References to any document or agreement includes all references to such document or agreement as amended, novated, supplemented, varied or replaced from time to time.
(h) References to writing includes facsimile and email, and all other means of reproducing words in a permanent and visible form.
(i) References to any legislation includes any legislative provision which amends, extends, consolidates or replaces it and any orders, regulations, instruments, proclamations or other subordinate legislation made under it.
(j) References to institutes, associations, bodies and authorities whether statutory or otherwise will, if it ceases to exist or is reconstituted, renamed or replaced or its powers or functions are transferred to refer to the institute, association, body or authority established or constituted in its place or which substantially succeeds to its powers or functions.