The nitty gritty stuff

Terms and Conditions

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

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy. By agreeing to these Terms & Conditions, you also consent to the collection and use of your Personal Information in accordance with the Privacy Policy.


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:


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 rusu@rmit.edu.au


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:

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.


Indemnification

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.


Miscellaneous Terms

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.

Severability

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.

Assignment

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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