PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.
By using this Website, you agree to these Terms & Conditions of Use (Terms & Conditions). Unless inconsistent with the context these Terms & Conditions shall be incorporated into any agreement between you and us. In case of any inconsistency between the terms of these Terms and Conditions and the terms of any Agreement, the terms of the relevant Agreement shall prevail.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes.
Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of this Website of RMIT University Student Union (RUSU), References to “us” or “we” are to RUSU, and references to affiliates of RUSU include RMIT University.
Terms & Conditions – General
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed an agreement containing these Terms & Conditions.
Ownership and Content
Materials on this Website, including but not limited to information, software, photographs, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, audio, images and other materials (“Content”), are protected by copyright and other intellectual property rights under Australian law, international conventions and other laws. You may not distribute, exchange, modify, sell or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. You agree to follow all instructions on this Website limiting the way you may use any of the Content. There are a number of proprietary logos, service marks and trade marks found on this Website. By making them available on this Website, RUSU is not granting you any licence to utilise those proprietary logos, service marks or trade marks. Any unauthorised use of the Content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes. If you download any Content from this Website, you may not remove any copyright or trade mark notices or other notices that go with it. Modification of the Content is strictly prohibited unless you receive our prior written consent.
Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms and Conditions. You acknowledge that this Website contains Content that is protected by copyrights, patents, trade marks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is protected under applicable laws and we own copyright or other property rights in the selection, coordination, arrangement and enhancement of all such Content. All trade marks appearing on this Website are trade marks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, reuse, report, distribute, perform or participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive our prior written consent.
Privacy and Security
Community Standards and Conduct Guidelines
You agree that any Postings you make on our website shall be deemed, and shall remain, our Property. None of the Postings shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Postings. Without limitation of the foregoing, you grant RUSU a royalty free, perpetual, irrevocable non-exclusive right and licence (as well as consent) to use any Postings submitted by you. You agree not to use this Website (including any Forums) to:
upload, post, email or otherwise transmit any Postings that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, defamatory, invasive of another’s privacy, hateful, or racially, ethnically, religiously, sexually or otherwise objectionable;
impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of RUSU, its affiliates or any other person or entity, or falsely state or otherwise misrepresent an affiliation with us, any of our affiliates or any other person or entity;
forge headers or otherwise manipulate identifiers to disguise the origin of any Postings or other materials transmitted to, on or through this Website;
upload, post, email or otherwise transmit any Postings in breach of any law, or where you do not have a right to do so;
upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trade mark, trade secret, moral right, copyright, right of privacy or publicity or other proprietary rights of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorised advertising or promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of commercial solicitation or promotion unless specifically permissible under a section of this Website;
upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of any computer software or hardware or telecommunications equipment;
subvert the functionality of this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;
“stalk” or otherwise harass another user of this Website or employees of RUSU or of any of our affiliates; or
collect or store personal data or attempt to collect or store personal data about other users of this Website.
Your use of this Website depends on your compliance with the community standards and conduct guidelines set out above. We may terminate your use of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if you breach these Terms & Conditions. We reserve the right to monitor any areas of this Website (including any Forum) for adherence to the community standards and conduct guidelines set out above or for any other purpose. You acknowledge, however, that we do not have an obligation to do so and you release us from any such obligation or duty.
Third Party Products and Services
You may order services, merchandise or other products through this Website from other parties or through third party payment facilities (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products promoted by or available from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers.
Refunds and Returns
If you are not entirely satisfied with your purchase, we’re here to help. Items that are faulty, unsafe or do not match their description will be refunded or exchanged where proof of purchase is provided. To return an online order please contact us and we will then give you instructions on how best to return your order so we can process your refund. To contact us regarding returning or cancelling an order, please contact us via email at [email protected]
Limitation of Liability
You agree that we and our affiliates shall not be liable for, and to the maximum extent permitted by law you agree to release, discharge, waive and forever discharge RUSU (and its officers, employees, agents and affiliates), from any claim, cause of action, including any claim for direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) whatsoever arising out of, or resulting from:
the use of or the inability to use this Website;
the use of any Content or other material on this Website or any website or websites linked to this Website;
the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Website;
unauthorised access to or alteration of your transmissions or data or Postings;
statements or conduct of any third party on this Website; or
any other matter relating to this Website.
You acknowledge that, by using this Website, you are doing so voluntarily and you are aware that there may be dangers in using this Website or products or services offered by us on this Website (“Use”). You are aware that your Use may result in serious personal injury, permanent disability or death and/or property loss and damage. You are aware that the risks mentioned in the preceding paragraph may be caused by your own acts or omissions, the acts or omissions of others or other risks not known to you or that are not readily foreseeable at the time of using this Website. You further acknowledge that this is a risk warning puRUSUant to relevant State legislation and the Trade Practices Act 1974 (Cth) and you agree that you assume all risks in connection with your Use. RUSU (including its respective officers, employees and agents) and its affiliates are not liable for the breach of any express or implied warranty that any services provided by RUSU will be provided with reasonable care and skill. Where your loss is not or cannot be excluded by these Terms & Conditions then:
in no event shall our total liability to you for all damages, losses and causes of action exceed the amount paid by you, if any, for accessing this Website; and
our liability in relation to any loss or damage which is not excluded by these Terms & Conditions and conditions is limited to:
in the case of goods, any one or more of the following:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; or
in the case of services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
If you are dissatisfied with any portion of this Website, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of this Website.
You agree to indemnify, hold harmless and, at our option and in accordance with our instructions and directions, defend RUSU (and our employees, officers, agents and affiliates) from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers’ fees and expenses) arising from your use of this Website, your violation of these Terms & Conditions, any misrepresentation or breach of a warranty given by you in accordance with these Terms & Conditions or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity. You agree that the waivers, releases, discharges and indemnities contained in these Terms and Conditions shall operate in favour of RUSU (including its officers, employees and agents) and its affiliates and shall so operate whether or not the loss, injury or damage is due to or attributable to any act, neglect or omissions of any one or more of them. You acknowledge and agree that these Terms and Conditions may be pleaded as a bar to any action, suit or proceeding taken at any time by you against RUSU (including its officers, employees and agents) and its affiliates arising out of or as a consequence of your use of this Website.
Recovery of Legal Expenses
In any action against us arising from your Use, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable lawyer’s fees.
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.
Modification of Terms
These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement between you and RUSU. Each time you access this Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will enure to the benefit of our successors, assigns and licensees
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