Website Terms of Use Agreement

between

St. Bernard's Old Collegians' Association Inc. ("SBOCA")

and

The user of this Website ("You/Your")

Your use of this Website is subject to these legally binding terms and conditions.

Please read them carefully before proceeding with entering the website.  If You do not accept these terms and conditions, You must exit this Website immediately.

1.    Website Terms and Conditions

1.1    The Website is for use in Australia and around the world for the purpose of enabling Old Collegians of St. Bernard's College, Essendon to keep in contact with other Old Collegians of the College.  The Website is owned and operated by SBOCA.  This Agreement supersedes all prior agreements and may be revised by SBOCA from time to time.

1.2    This Agreement must be read in conjunction with the Privacy Policy.

2.    Your use of the Website

2.1    You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.

2.2    You will not violate or attempt to violate the security of the Website.  You will not hack into the Website, SBOCA's computer systems or the computer systems of other users of the Website.  Hacking means unauthorised access (including using another member's username and password), malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

2.3    You agree that You will only use the Website in a responsible manner and in accordance with all applicable laws, including in a manner that does not restrict others from enjoying the Website.  You will not post on the Website or email any material in breach of any law, any obscene, explicit, pornographic, inflammatory material, or any material that could otherwise give rise to criminal or civil proceedings.

3.    Services provided on the Website

3.1    SBOCA reserves the right to add, modify or discontinue any of the services offered on the Website at any time without notice.  SBOCA will not be held liable for any decision to modify or discontinue a service.

3.2    This Website contains materials produced by third parties and links to other websites. Such materials and websites are provided by third parties and are not under SBOCA's direct control, and SBOCA accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website).  In particular, SBOCA cannot ensure that all of the content provided on the Website will be complete and thorough, and is not liable to You to the extent that the content on the Website is not correct or complete. You acknowledge that SBOCA is entitled to require you to remove any link from another website to this Website which you install without obtaining SBOCA's prior written consent. 

4.    Membership

4.1    Membership entitles You to see and add content to the Website.

4.2    Membership of the Website is open to all past pupils of St. Bernard's College, Essendon and can be accessed by the past pupil completing a Membership Form. 

4.3    All Membership Forms submitted through this Website are subject to confirmation and acceptance by SBOCA. Acceptance will be communicated to You by return email. SBOCA may reject Your Membership Form at any time prior to Your receipt of this acceptance by SBOCA.

5.    Payments

5.1    Any payments you make on the Website can be made by PayPal (Visa, Mastercard, and bank transfer available). You warrant that where you pay by credit card You are an authorised user of the credit card used to complete payment in accordance with this clause 5.1.

5.2    Any payments you make are made in Australian dollars. If You pay for any item available on the Website in any currency other than Australian dollars, the amount You have paid will be subject to foreign exchange rate fluctuations.

5.3    SBOCA may vary prices in the event of price changes or mistakes on reasonable prior notice to You. If SBOCA requests payment for increased prices, You may cancel the order by giving notice to SBOCA, which must be received within seven days of the announcement of the increase.

6.    Future changes

6.1    From time to time, this Agreement will be reviewed and may be revised.  SBOCA reserves the right to change this Agreement at any time.  Any such changes will be posted on the Website.

6.2    Your continued use of the Website will constitute your acceptance of the variation of the Agreement.

7.    Website availability

7.1    From time to time down-time, either scheduled or unscheduled, may occur.  SBOCA will work within reason to ensure this amount of down-time is limited.

7.2    SBOCA will not be held liable for the consequences of any down-time.

8.    Intellectual Property

8.1    Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party.  The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.

8.2    You agree (and warrant) that you will only provide information to Us if you own all of the intellectual property rights in that information.  Except for your personal information (which is dealt with under the Privacy Policy), You immediately assign to Us, upon creation, all intellectual property rights in all information provided by You to Us (including your Website postings).  Unless otherwise noted, all materials on this site are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by SBOCA or by other parties that have licensed their material to SBOCA.

8.3    SBOCA's trade marks on this site represent some of the trade marks currently owned or controlled in Australia.  The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by SBOCA.

8.4    All rights not expressly granted are reserved.

9.    Limitation of Liability

9.1    To the maximum extent permitted by law, SBOCA does not give any warranty in relation to the content, accuracy, or any other aspect of:

(a)    any material on the Website; or

(b)    the performance of the Website.

9.2    To the maximum extent permitted by law, SBOCA excludes all liability for loss or damage suffered by You, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or benefits or business opportunities) that You may suffer as a result of:

(a)    the use or reliance on any information on the Website;

(b)    accessing or using the Website; or

(c)    any interruption, suspension or termination of the Website for whatever reason.

9.3    SBOCA's exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if SBOCA has been notified of the possibility of such loss or damage.

9.4    You agree that SBOCA's liability to You at law will be reduced by the extent, if any, to which You contributed to the loss.

10.    Force Majeure

10.1    SBOCA will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond SBOCA's reasonable control.

11.    Termination

11.1    SBOCA reserves the right to cease providing services at any time.

11.2    SBOCA shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.

12.    Governing law

12.1    These terms and conditions will be governed by and construed in accordance with the laws of the state of Victoria, Australia.

13.    Definitions

"Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.

"Membership Form" means the online membership form to be completed by You registering your membership to use the Website.

"SBOCA" means St. Bernard's Old Collegians' Association Inc.

"Website" means internet website with the URL www.sboca.org.au.

"You" means the user of the Website (and "Your" has the corresponding meaning).