TERMS AND CONDITIONS

TERMS AND CONDITIONS

Part A. TERMS AND CONDITIONS OF THIS i-CONNECT WEBSITE

By clicking the 'Sign In' button on this i-Connect website you agree (or if you did not click to sign in then, until you do click to sign in, by using this i-Connect website you agree) to the following two separate sets of terms and conditions:

  1. you agree to the UWA Terms of Use (as specified in Part B below) with The University of Western Australia; and
  2. you agree to the UQ Terms of Use (as specified in Part C below) with The University of Queensland.

Part B. UWA TERMS OF USE

You agree with The University of Western Australia ABN 37 882 817 280 ('UWA') to the terms and conditions set out at http://www.uwa.edu.au/terms ('UWA Terms of Use'). UWA is not a party to, and has no liability to you under or in connection with, the UQ Terms of Use.

Part C. UQ TERMS OF USE

By clicking the 'Sign In' button on this i-Connect website ('i-Connect Site') you agree (or if you did not click to sign in then, until you do click to sign in, by using this i-Connect Site you agree) to the following terms ('UQ Terms of Use') with The University of Queensland ABN 63 942 912 684 ('UQ'), including these UQ Terms of Use as varied by UQ from time to time in accordance with clause 7 of this Part C.

This i-Connect Site is provided on an AS IS basis.

This agreement, comprising these UQ Terms of Use (in this Part C of this 'Terms and Conditions' webpage), is separate to and independent of any other agreement you may enter into with the University of Western Australia or the Western Australian Health Promotion Foundation or any other person in connection with using this i-Connect Site. UQ is not a party to, and has no liability to you under or in connection with, the UWA Terms of Use.

If you have not clicked to sign in and you are only accessing and using parts of this i-Connect Site that have been designed to be accessible to the public without signing in ('Public Content'), to the extent any UQ Terms of Use relate to access to and use of parts of the i-Connect Site that are not Public Content, those terms do not apply to you while and to the extent you are only accessing Public Content.

Teachers and other users as employees

Any user who uses this i-Connect Site in the course of their employment enters into this agreement with UQ for and on behalf of their employer and warrants personally, and on behalf of their employer, that they are properly authorised by their employer to do so.

In such a case, a reference in this agreement to 'you' is a reference to the user's employer and that employer is responsible and liable for all of the acts and omissions (whether negligent, in breach or otherwise) of its officers, employees, agents and contractors in connection with this i-Connect Site. This does not prevent an employee from also accessing and using this i-Connect Site in their personal capacity and also being bound by these UQ Terms of Use in that capacity.

Minors

If you are under 18 years of age (a 'minor') then you should not use this i-Connect Site without the consent of your parent or legal guardian. Any such parent or legal guardian that accesses or uses this i-Connect Site also enters into this agreement with UQ in their personal capacity and in their capacity as parent or guardian of the minor and to the full extent permitted by law a reference in this agreement to 'you' is a reference, jointly and severally, to the minor and that parent or legal guardian (in each of their capacities).

UQ does not represent UWA or Healthway

UQ does not represent the University of Western Australia or the Western Australian Health Promotion Foundation (also known as Healthway) and they are not parties to these UQ Terms of Use. To the full extent permitted by law UQ does not accept liability of any kind whatsoever under any legal theory for the acts or omissions of the University of Western Australia or the Western Australian Health Promotion Foundation or of their officers, employees, agents or contractors.

1. INTENDED USE AND NO RELIANCE

Your use of this i-Connect Site (including information in and referred to in this i-Connect Site) is AT YOUR OWN RISK.

This i-Connect Site is intended to be used for general information purposes, on a non-commercial basis, only.

You must use your own independent knowledge, skill and judgment in making any such use.

The information in this i-Connect Site may not be updated and may not represent the latest information or research available.

You agree that you have not relied on and will not rely on this i-Connect Site or any information in or referred to in this i-Connect Site for any purpose.

If you are in a crisis or your safety is at risk or you require medical assistance or treatment, you should call 000 or contact your teacher, parent, medical practitioner or other appropriate persons.

This i-Connect Site should not be used as a means of diagnosing or treating any mental or other medical condition.

Teachers and parents of children using this i-Connect Site

Teachers and parents using this i-Connect Site must use their own independent knowledge, skill and judgment in using any information obtained from or referred to in this i-Connect Site. Teachers should supervise their student's use at all times. Parents should ensure they are satisfied their children have appropriate adult supervision at all times with respect to use of this i-Connect Site. Teachers must ensure the parent or legal guardian of each student that will use this i-Connect Site consents in advance to their child's use.

2. DISCLAIMERS

Your use of this i-Connect Site is AT YOUR OWN RISK.

Without limiting your rights under any law which cannot be excluded, UQ does not warrant, guarantee or represent:

  • the accuracy, currency or completeness of any information in or referred to in this i-Connect Site or any website referring to or referred to in this i-Connect Site or that any of the foregoing is free of defects or errors or that this i-Connect Site or any information or material in or referred to in this i-Connect Site will be updated or that any defects or errors will be corrected; or
  • that this i-Connect Site (or any information in or referred to in it) is of merchantable quality or fit for any purpose or that this i-Connect Site (including its coding) will be supported or updated or that it is free of defects or errors or that any defects will be corrected or that it will operate as intended or that it will always, or at any time, work or otherwise be available for use or that it will operate without causing any defect in or damage to any device, software or system.

3. LIABILITY EXCLUSIONS AND LIMITATIONS

To the full extent permitted by law:

  • neither UQ, nor its Personnel, will be liable under any legal theory (including in contract, tort including negligence, under statute, in equity or otherwise) to you or to any person claiming through you, for any loss, damage, cost, expense or liability of any kind whatsoever (including whether characterised as direct, indirect, consequential or otherwise) that you or any other person suffers or incurs in connection in any way whatsoever with this i-Connect Site or its use (including use of, or defect or error in, the information in or referred to in this i-Connect Site or the unavailability of this i-Connect Site or any defect or malfunction in or caused by this i-Connect Site or by any website referring to or referred to in this i-Connect Site) and whether or not such loss, damage, cost, expense or liability was foreseeable or the risk thereof was known by UQ or its Personnel;
  • in respect of any liability of UQ or of its Personnel (under any legal theory) that cannot be excluded but which UQ is not prohibited from limiting, the liability is limited:
    • as set out in paragraph (c) of this clause, in respect of liability under warranties or guarantees implied by law that cannot be excluded but can be limited; and
    • in any other case (except for liability that by law can neither be excluded nor limited), to the amount of AUD$1 for each claim and for all claims in the aggregate; and
  • UQ excludes all representations, warranties and guarantees of any kind whatsoever and to the extent any warranty or guarantee is implied by law and cannot be excluded then UQ limits its total liability (to the extent it is not prohibited from doing so) to the following (at its option): (i) in the case of goods, the replacement of the goods or the supply of equivalent goods or the repair of the goods or the payment of the cost of replacing the goods or of acquiring equivalent goods or of having the goods repaired; and (ii) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

Except in respect of liability UQ cannot by law exclude, you agree you will not make allegations or claims of any kind whatsoever against UQ or its Personnel in connection with this i-Connect Site (including in connection with its use by you or other persons or in connection with defects in it or any information or other material connected with it).

To the full extent permitted by law, you agree these limitations and exclusions may also be enforced by UQ on its own behalf and on behalf of and for the benefit of its Personnel (or by its Personnel in their own name). This clause 3 continues even after your use of this i-Connect Site, and after this agreement, has ceased.

In these UQ Terms of Use, a reference to UQ's 'Personnel' means: (i) its officers, employees, agents, contractors (including all subcontractors) and advisors and any co-owner or licensor of the i-Connect Site; and (ii) the officers, employees and contractors of the persons referred to in paragraph (i).

4. YOUR OBLIGATIONS AND USE OF THIS i-CONNECT SITE

Your obligations

You must only use this i-Connect Website in accordance with its intended use and you must comply with all applicable laws in relation to such use.

You agree you will not use, or allow or assist any person to use, this i-Connect Website:

  • to threaten, harass or intimidate any person or to post, transmit, communicate or disseminate any illegal, defamatory, offensive, obscene or fraudulent information or opinions or to send unsolicited commercial electronic communications to any person;
  • as a target of, or to transmit or store, any code (including any virus, trojan or other deleterious code) that:
    • allows or assists in providing unauthorised access to or unauthorised use or copying of, equipment, systems, software or data or other information of any person; or
    • inhibits or prevents the operation of any equipment, software or system or that modifies, deletes or otherwise damages any equipment, system, software or data or other information of any person;
  • in a manner which results in a violation or infringement of any intellectual property rights or any other right of UQ or of any other person;
  • to intercept any personal information or other data (unless you have authority under and in accordance with any statute); or
  • to cause damage or injury to any person or property.

You also agree you will not (and in the case of employers, will ensure your officers, employees and contractors do not):

  • interfere with the normal operation of this i-Connect Website or any equipment, software, systems or facilities connected to or with it; or
  • do or fail to do anything that causes or contributes to the i-Connect Site or UQ contravening any law.

In the case of employers of teachers, you must ensure that your teachers ensure that children using this i-Connect Site at school do so only while under appropriate teacher supervision and that the parents or legal guardian of each child using this i-Connect Site is made aware of the child's access and use.

Access and use is restricted

Use of this i-Connect Site is permitted on a restricted basis. You must take all reasonable steps to protect the security of any password issued to you to access any part of this i-Connect Site and must ensure each such password is not disclosed to any person that is not authorised by UQ to know of it. Passwords issued to parents for their children's use may be disclosed to the child and children may disclose their passwords to their parents.

Teachers may have access to a password of one of their students if this i-Connect Site issues, or its administrators issue, a password to the teacher with the intention it would be (and while it is) managed for their student, unless and until the teacher or their employer is notified to the contrary (whether by UQ, by any statement on this i-Connect Site or from its site administrators or by a student's parent).

You may use this i-Connect Site only for its intended use (as specified under clause 1 of this Part C) in accordance with its normal functionality. All other rights in respect of intellectual property are reserved. You do not have permission to reproduce or modify any part of this i-Connect Website except where is occurs as a necessary part of using it in accordance with our stated intended use.

You do not have permission to access or use this i-Connect Site if it is illegal to do so, or if its intended use is illegal, in the country in which you live or in which you download or use it.

Suggestions and feedback

You agree that if you provide any suggestions or feedback regarding changes or improvements to the i-Connect Site, all intellectual property rights in any change or improvement using (or derived from) your suggestion or feedback will vest absolutely upon creation in UQ and/or its Personnel (as agreed between them) and you will not (and in the case of employers, will ensure your employees and contractors do not) make any claims against UQ or its Personnel in respect of any such use of such suggestions or feedback.

5. SUSPENSION AND TERMINATION OF USE

A password may be suspended or cancelled at any time without cause or prior notice and your access to or permission to use this i-Connect Site may be suspended or terminated at any time with or without cause and without any reasons being given. In any such case UQ will not have any liability to you whatsoever (under any legal theory). You must not access or use this i-Connect Site at any time thereafter.

6. PRIVACY

Information regarding UQ's policy in relation to the collection, use, disclosure, storage and other treatment of personal information is set out at http://www.uq.edu.au/terms-of-use/ and you agree to UQ dealing with personal information about you in accordance with that policy and (to the extent of any inconsistency) in accordance with any overriding statute.

You agree we may use your personal information (including phone numbers and email addresses) to contact you and/or your parent, guardian and/or teacher about matters concerning this agreement or your use (or misuse) of this i-Connect Site.

7. CHANGING THE i-CONNECT SITE OR THESE UQ TERMS OF USE

This i-Connect Site can be changed in any way, suspended or discontinued at any time without liability.

UQ may vary (including add to, delete from, amend or replace) these UQ Terms of Use at any time. If UQ considers it is reasonable and practicable to do so it will takes steps to have a notice of the change to these UQ Terms of Use issued via a message on this i-Connect Site.

Changes to these UQ Terms of Use will take effect on and from the later of:

  • the time you next use this i-Connect Site after such notice is issued; and
  • the date in any such notice specified as being the date on which the change is to become effective.

If you do not agree with any such change then you are free to immediately terminate all use of this i-Connect Site. If you do use this i-Connect Site at or after the time the change is effective then you agree you are deemed to have agreed to these UQ Terms of Use as varied.

8. GENERAL TERMS

Governing law: To the full extent permitted by law: this agreement is to be construed in accordance with the laws in force in the State of Queensland, Australia; and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland and the Federal Court of Australia and any courts with jurisdiction to hear appeals from such courts.

Assignment: You must not assign this agreement or any part without UQ's prior written consent.

Severance: If any provision of these UQ Terms of Use is void, voidable or unenforceable it is to be read down so as to be valid and if it cannot be read down then it is to be severed in the relevant jurisdiction (without affecting the remainder of this agreement), unless and to the extent this would fundamentally alter this agreement or be contrary to public policy.

Further assurances: You agree to do all things (including sign documents) UQ considers reasonably necessary to give full effect to these UQ Terms of Use and any right or power granted under or pursuant to them.

Interpretation: In these UQ Terms of Use: a word denoting the singular includes the plural and vice versa; a reference to a person includes a natural person, corporation, partnership, joint venture, trust, authority, government body and any other legal entity; a reference to these UQ Terms of Use or another document or any law is to that agreement or other document or law as varied, supplemented or replaced from time to time; a reference to a party includes that party's executors, administrators, successors and permitted assigns; where a word or phrase is given a particular meaning, other parts of speech or grammatical forms of that word or phrase have corresponding meanings; headings are for convenience and do not affect interpretation; and the term 'includes' or 'including' is not to be read as a word of limitation.

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