Marcellin College Foundation Limited

Website & Business Network Terms

Welcome to a website of Marcellin College Foundation Limited (ABN 74859 223 525) ("we", "us" or the "Foundation "), the trustee of St Marcellin Champagnat Bursary Fund.

The Foundation has several websites, including the websites located on the web via the following domain names:

· https://marcellinfoundation.org.au

· https://marcellinbusinessnetwork.com.au

· http://www.canterburyroaders.asn.au

 

(for the purpose of this document, collectively called "this site") and in this document “this site” includes all of the files located in those domains.

Marcellin College Business Network

Former students, parents (past and present) friends and other supporters of Marcellin College and the wider Marist community are invited to join the Marcellin Business Network and to support the Foundation's philanthropic efforts.

Agreement to these Terms and Membership of the Marcellin Business Network

By accessing this site and or by applying for and or becoming a member of the Marcellin Business Network, you agree to be bound by these terms ("these Terms"). These Terms constitute a binding agreement between you and the Foundation and govern your use of this site and where applicable your membership of the Marcellin Business Network.

Privacy Policy

As part of these Terms, your use of this site and where applicable your membership of the Marcellin Business Network is also subject to our Privacy Policy (located at https://marcellinfoundation.org.au/privacy), which is incorporated by reference into these Terms.

Restrictions on use

Prohibited conduct

Your use of this site and where applicable your membership of the Marcellin Business Network is subject to the rules set out in Schedule 1 below.

Violations of these Terms

Without limiting any other remedies available to the Foundation at law or in equity, the Foundation reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site and or and where applicable cancel your membership of the Marcellin Business Network if:

· you breach any provision of these Terms;

· the Foundation is unable to verify or authenticate any information that you provide to us; or

· the Foundation believes that your actions may cause damage and/or legal liability to the Foundation, any of its customers or suppliers or any other person.

Indemnity

You indemnify and hold harmless the Foundation and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

· any material or information that you submit, post, transmit or otherwise make available through this site and or via the Marcellin Business Network;

· your use of, or connection to, this site and or the Marcellin Business Network; or

· your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.

Dealings with third parties

Content supplied by third parties

This site and the Marcellin Business Network may from time to time include an online portal and or arrange or promote activities that allows third parties to advertise goods and/or services and to upload information and other content directly to this site for our members of the Marcellin College community and or the Marcellin Business Network to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:

· any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;

· any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or

· any loss or damage that results from any dealings that you may have with such third parties.

Third party goods/services and websites

We do not recommend or endorse any third-party goods or services that are listed, advertised or referred to in this site or the content of any third-party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third-party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third-party websites is at your own risk and subject to their respective terms and conditions of use.

User acknowledgements

You acknowledge that the Foundation does not:

· check the truth or currency of any of the material or information that third parties provide or make available through this site and or the Marcellin Business Network;

· control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this site or whose identities become known to you through this site and or the Marcellin Business Network, including suppliers of content that is published or made available in or through this site and or the Marcellin Business Network;

· offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or

· endorse or recommend any third-party supplier or any third party goods or services, including where details of the relevant supplier are provided by the Foundation to you or otherwise become known to you through this site and or the Marcellin Business Network.

Disputes between users and suppliers

You are solely responsible for your interactions with suppliers listed on this site and or promoted by the Marcellin Business Network and the Foundation is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.

Intellectual property

Copyright

In these Terms, the term "Proprietary Content" means:

· this site;

· all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and

· all software, systems and other information owned or used by the Foundation in connection with this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of the Foundation or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Usage Terms or with the prior written consent of the Foundation or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Foundation. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Foundation.

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Foundation and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

· anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;

· the quality of any information or other material purchased or obtained through this site will meet any particular requirements or expectations;

· errors or defects will be corrected; or

· this site or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, the Foundation and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this site by you or any other person.

Release

You agree that your use of this site and or membership of the Marcellin Business Network is at your own discretion and risk. You agree to release the Foundation and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this site by you or any other person and or arising from any involvement you have with the Marcellin Business Network or anyone else associate with the Marcellin Business Network. The Foundation may plead this release as a bar and complete defence to any claims or proceedings.

General

Interpretation

In these Terms, the following rules of interpretation apply:

· headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;

· these Terms may not be construed adversely against the Foundation solely because the Foundation prepared them;

· the singular includes the plural and vice-versa;

· a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and

· the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

Notifications

The Foundation may provide any notification for the purposes of these Terms by email.

Costs

Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without the Foundation's prior written consent.

The Foundation may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.

No waiver

Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Foundation to act with respect to a breach by you or others does not waive the Foundation's right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Foundation reserves the right to amend these Terms and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site.

You may only vary or amend these Terms by written agreement with the Foundation.

Governing law and jurisdiction

These Terms will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

Schedule 1 – Prohibited conduct

YOU MUST NOT:

· use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;

· engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;

· use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;

· use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;

· use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;

· use this site by any automated means;

· use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;

· access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;

· interfere with the display of any advertisements appearing on or in connection with this site;

· reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;

· reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;

· falsely imply that any other website is associated with this site;

· do anything that leads, or may lead, to a decrease in the value of the Foundation's intellectual property rights in this site;

· use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;

· release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Foundation without the Foundation's prior written consent; or

· use this site and or any information provided to you by or through the Marcellin Business Network to transmit any information or material that is, or may reasonably be considered to be:

- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;

- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;

- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;

- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;

- in breach of any person’s privacy or publicity rights;

- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);

- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;

- containing any political campaigning material, advertisements or solicitations; or

- likely to bring the Foundation or any of its staff into disrepute.