Terms & conditions

INTRODUCTION

The Terms of Use will govern your use of this website, including all pages within this website (St Francis Xavier College Website). The Terms of Use of the St Francis Xavier College Website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the St Francis Xavier College Website (Additional Terms and Conditions). Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the St Francis Xavier College Website.

By using the St Francis Xavier College Website, you acknowledge and agree to all the Terms of Use. You must not use the St Francis Xavier College Website, if you do not agree, or have any objection, to any of the Terms of Use.

WEBSITE ACCESS

St Francis Xavier College does not guarantee that access to the St Francis Xavier College Website will be uninterrupted or that the St Francis Xavier College Website is free from viruses or anything else that may damage any computer, server, system, network or hardware (System) used to access the St Francis Xavier College Website (Access System) or any data, code or software on an Access System, or a System that is linked to the Access System (Linked System) or any data, code or software that is on any such Linked System.

Certain areas of the St Francis Xavier College Website may be restricted from access by you and St Francis Xavier College may further restrict your access to any areas of the St Francis Xavier College Website, at any time, in its sole and absolute discretion.

LIMITATION OF LIABILITY

The St Francis Xavier College Website is provided “as is,” and St Francis Xavier College makes no express or implied representations or warranties, of any kind related to the St Francis Xavier College Website or its content. St Francis Xavier College does not warrant the accuracy, reliability, adequacy or completeness of any of the St Francis Xavier College Website content. You acknowledge and accept that the St Francis Xavier College Website content may include faults, inaccuracies and errors.

Nothing contained on the St Francis Xavier College Website will be construed as providing advice to you. It is your responsibility to enquire with us directly or to undertake your own enquiries to determine the accuracy, reliability, adequacy, completeness and currency of the content on the St Francis Xavier College Website you wish to rely upon.

To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), St Francis Xavier College excludes all liability for, and neither St Francis Xavier College nor its officers, employees or contractors will be liable to you for, any claim, demand, loss, expense, or damage of any kind (including special, indirect or consequential loss and loss of business profits) arising directly or indirectly, and whether in contract, tort or otherwise, out of or in connection with:

your use of, or reliance on, the St Francis Xavier College Website or its content; or

the performance or failure of the St Francis Xavier College Website.

You hereby indemnify St Francis Xavier College from and against any and all liabilities, costs, demands, claims, causes of action, damages and expenses (including reasonable lawyer’s fees) arising directly or indirectly out of, or in any way related to, your use of the St Francis Xavier College Website, its content or breach of any of the provisions of the Terms of Use.

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth) implies a warranty or guarantee into the Terms of Use that may not lawfully be excluded, then St Francis Xavier College’s liability for breach of such a warranty or guarantee will be limited, at its option, to any one or more of the following:

in the case of goods:

replacement of the goods or the supply of equivalent goods

repair of the goods or payment of the cost of having the goods repaired or

payment of the cost of replacing the goods or acquiring equivalent good and

in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.

INTELLECTUAL PROPERTY

The content on the St Francis Xavier College Website, including without limitation all applications, information, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams and other graphic materials (Content), and the names, logos and trademarks (Brands), are the property of St Francis Xavier College or have been made available for use by St Francis Xavier College and are protected by copyright, trademark, moral rights and other intellectual property laws. Content may be displayed and printed solely for your own personal, non-commercial use or for use internally for non-commercial purposes within your organisation provided that its source is acknowledged and any copyright notice or Brands on what you display or print are not removed. You must not:

copy, reproduce, perform, adapt, modify or translate the Content or

retransmit, distribute, sub-license, disseminate, sell, publish, broadcast or circulate (whether electronically, digitally or in print or other form) any of the Content to any third party,

without the express prior written consent of St Francis Xavier College. Alternatively, you should direct the third party to the St Francis Xavier College Website and the relevant Content on the St Francis Xavier College Website.

St Francis Xavier College does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or Brands or in the user interface of the St Francis Xavier College Website except as granted in these Terms of Use or as expressly granted by St Francis Xavier College in writing.

SUBMISSIONS

Any material, including but not limited to, information, questions, comments, suggestions, ideas, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams or other graphic materials you send to us on or via the St Francis Xavier College Website (Your Content) will be deemed to be non-confidential and non-proprietary. St Francis Xavier College will be entitled to use any of Your Content for any purpose without compensation to you.

Your Content must be your own and must not infringe any third party’s rights. You grant St Francis Xavier College a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, disseminate, broadcast and distribute Your Content in any and all forms and media, including on the St Francis Xavier College Website.

THIRD PARTY WEBSITES

The St Francis Xavier College Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, St Francis Xavier College does not control, endorse, sponsor or approve any such third party websites or their content or any products or services offered on or through those websites. St Francis Xavier College does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content or any reliance you may place on those websites or their content or any products or services you may acquire on or through those websites.

LINKS TO St Francis Xavier College WEBSITE

If you wish to establish a link to this website, you must first seek approval from St Francis Xavier College. You must not establish a link to the St Francis Xavier College website without St Francis Xavier College’s express written approval.

If St Francis Xavier College agrees to your proposed link, you must comply with any terms and conditions imposed by St Francis Xavier College as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact St Francis Xavier College and provide a new description of your website and seek St Francis Xavier College’s written approval to retain the link to the St Francis Xavier College Website.

St Francis Xavier College may at any time withdraw its approval to your link by notifying you in writing. If St Francis Xavier College notifies you that its approval has been withdrawn you must immediately remove the link to the St Francis Xavier College Website.

INTERFERENCE WITH WEBSITE

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the St Francis Xavier College Website or any of its Content or Brands.

You must not:

use the St Francis Xavier College Website in any way that is, or may be, damaging to the St Francis Xavier College Website or to St Francis Xavier College or in a way that causes, or may cause, harm to St Francis Xavier College, the St Francis Xavier College Website or to any person or entity;

use the St Francis Xavier College Website in any way that impacts with user access to the St Francis Xavier College Website;

use the St Francis Xavier College Website contrary to applicable laws or regulations;

engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the St Francis Xavier College Website or its Content or while using the St Francis Xavier College Website or its Content or

use the St Francis Xavier College Website to engage in any advertising or marketing.

JURISDICTION

These Terms of Use are governed by and construed in accordance with the Australian Capital Territory, Australia. If a dispute arises from the Terms of Use, you agree to submit to the non-exclusive jurisdiction of the courts of Canberra (ACT), Australia.

VARIATION OF TERMS

St Francis Xavier College is permitted to revise these Terms of Use at any time as it sees fit, and by using the St Francis Xavier College Website you are expected to review such Terms on a regular basis to ensure you understand all the Terms of Use governing use of the St Francis Xavier College Website.

ASSIGNMENT

St Francis Xavier College may assign, transfer, and subcontract its rights and/or obligations under the Terms of Use without any notification or consent required. However, you must not assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.