Disclaimer

Website terms and conditions (Terms)

1. Your acceptance
   1. These are the Terms on which The University of Melbourne (the University) permits users to access and use the University of Melbourne website Community Indicators Victoria (CIV) (http://www.communityindicators.net.au/) (Website) including using the services and functionality made available through the Website, viewing Content provided by the University and communicating with the University.
   2. You agree to be bound by these Terms by:
      1. using, browsing or accessing any part of the Website; 
      2. subscribing to the CIV newsletter;
      3. by becoming a member of the Website; or
      4. downloading data or a Live Report from the Website.
   3. The University may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
   4. The Website is subject to change at any time without notice and may contain errors.
2. Membership
   1. To become a member you must have completed the membership application form.
   2. These terms are effective from the date on which the University confirms receipt of your correctly completed membership application, and will continue until you cancel your membership in accordance with clause 2c or the University terminates your membership in accordance with clause 2d.
   3. You may cancel your membership subscription at any time by writing to civ-info@unimelb.edu.au.
   4. The University may terminate your membership at any time immediately by notice in writing to you.
   5. You may be required to create a password to become a member of the Website (Password). You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who enters into a transaction using the Password, as if they were your own acts and omissions. The University will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify the University against all loss, damage, claims, costs or demands in this regard.
3. Content
   1. The University has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. The University reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions. 
   2. The Content on the Website is for general information purposes only. Furthermore, the University does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of the University materials or information by another person or organisation is at the user's own risk.
   3. The Content on this Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, product or service. 
   4. While care has been taken in preparing the Content on this Website, the University and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness. 
   5. You agree to be solely responsible for any Content that you communicate or otherwise provide over the Website. You warrant and represent that any Content that you communicate or otherwise provide will not violate these Terms or the Privacy Policy. 
   6. If you have a complaint regarding any Content, the University's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
4. Links
   1. The Website may contain links to other web sites. The University provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators, the goods, services or content that they describe. 
   2. Other web sites which are linked to the Website (including Facebook, Twitter, YouTube, Google and Picasa), are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. The University is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. The University is not responsible for and will not be liable in respect of any incorrect link to an external web site.
   3. You are not permitted to frame the Website without the University's express written permission.
5. Access and communication
   1. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), the University does not warrant that you will have continuous access to the Website. The University will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
   2. The University does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and the University does not guarantee the security or confidentiality of these communications or the security of the Website.
   3. The University does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise. 
   4. If you access and use this Website or its content from outside Australia, you do so at your own risk.
6. Privacy
   Any personal information submitted by you to the University is subject to and will be handled in accordance with the University' privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms and is set out at http://www.unimelb.edu.au/unisec/privacy/privacypolicy.html. You agree that, by using the Website or communicating with the University, you have read the Privacy Policy, understood its contents and consented to its requirements.
7. Intellectual property
   1. All intellectual property rights, including copyright and patents, in the Website, the University' goods and services, and all components of them are owned or licensed by the University or any of its related entities. You must not copy, modify or transmit any part of the Website.
   2. The Website contains trade marks, logos, service names and trade names of the University or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos, service names or trade names appearing on the Website.
8. Website licence and use 
   The University grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 9. Any Content that you post on the Website or otherwise provide or communicate to the University will be treated as non-confidential and non-proprietary information. 
9. Prohibited uses
   In using the Website you must not:
1. engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
2. impersonate or falsely claim to represent a person or organisation;
3. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
4. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
5. post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
10. Termination of your access to the Website
    The University may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
11. Privacy
    Any personal information submitted by you to the University is subject to and will be handled in accordance with the University’s privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms and is set out at http://www.unimelb.edu.au/disclaimer/privacy.html.  You agree that, by using the Website or communicating with the University, you have read the Privacy Policy, understood its contents and consented to its requirements.
12. Disclaimer of warranties and limitation of liability 
    1. To the full extent permitted by law, the University excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the content, the conduct of any users, all links to or from the Website and the goods and services advertised or accessible on the Website. 
    2. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) the University excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
13. Indemnity
    You will fully indemnify the University in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
1. any breach of these Terms by you; 
2. your use of the Website; or
3. your communications with the University. 
14. Jurisdiction and law
    These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
15. Severability
    Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
16. Contacting us
    If you have questions about the Website, the Terms or Privacy Policy, please contact us by clicking http://www.communityindicators.net.au/contact.