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Terms of Use for baysidecollege.com.au

The website baysidecollege.com.au (“the Website”) is operated by Bayside College Pty Ltd (“our”, “us”, “Bayside College” and “we”) which is a company registered in Australia with ABN 87124881965. Our postal address is 55 Acland Street, St Kilda, Melbourne, Victoria 3182 AUSTRALIA

Please review our Privacy Policy  page for details of the management of personal data.
Please review our Application page for details about the Enrolment Conditions.

We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register on this website or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 18 may provide any personal information to or on this website. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. You may not have to be a member to participate in certain parts of the Website but you must meet the designated minimum age requirements for the specific matter.

Website partners

This Website contains hyperlinks to websites and resources owned and operated by third parties. These third party websites and resources have their own terms of use and privacy policies which you will need to comply with. We have no control over third party websites or resources and we are not responsible for the availability of such websites and resources. We do not accept any responsibility or liability for any third party websites and resources and your access and use of such services and content is at your own.

Third party links do not imply that we endorse, are affiliated or associated with any linked website, or are legally authorised to use any intellectual property accessible through such links.

Bayside College will do:

– use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website because of a failure, suspension or withdrawal of all or part of the Website for any reason.

– use reasonable endeavours to verify the accuracy of any information that we make available either directly or through any website partners wherever practical however we are not in a position to ensure the complete accuracy of information that can often change such as for instance opening times, dates of performances, schedules and current prices and we strongly recommend that prior to relying on information made available through the Website, such information where capable of change is confirmed with the applicable venue, facility or service provider.

Bayside College can at any time:

1. modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

2. change these Terms, which will be notified in advance of the change. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such changes. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website; and/or

3. monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

You must not:

1. use the Website (or any part of it) for any illegal purpose and you shall use it in accordance with all relevant laws;

2. upload or transmit through the Website (whether by way of User Submission or otherwise): any computer viruses, macro viruses, trojan horses, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or

3. upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;

4. use the Website in a manner which may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or

5. use the Website in a manner which violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, rights of confidentiality or rights of privacy);

6. create or publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website;

7. copy or distribute any part of the Website in any medium without our prior written consent;

8. modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

Links to other websites

We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Limitation of liability

The Website is provided on an “as is” and “as available” basis for your information and personal use only without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, availability, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.

Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.

You agree and accept that we will not be liable in contract, tort (including, without limitation, negligence) or otherwise for:

(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

(b) any loss of goodwill or reputation; or

(c) loss of data or use of data; or

(d) any special or indirect or consequential losses, howsoever arising and in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.

Indemnity

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the terms by you or any other liabilities incurred by us arising out of your use of the website (including without limitation, in relation to User Submissions), or use by any other person accessing the website using your pc or internet access account.

Intellectual property and right to use

You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may print off one copy, and may download extracts of, any page(s) from the Website for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, commercially exploit or create derivative works of such material and content.

Except for Personal Data (as defined in our privacy statement), any information you submit to the Website, whether by way of comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Terms.

By posting communications on or through the Webpages, User shall be deemed to have granted to Bayside College a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees.

November 2017