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terms of use

This Web Site is owned and operated by Campus Living Villages Pty Ltd ABN 19 093 198 915 (CLV). These Terms of Use constitute an agreement between CLV and you, the person or entity who has accessed any of CLV's webpages (Website). By using or accessing the Website, you agree to be bound by the Terms of Use. If you do not accept these Terms of Use, you must refrain from using the Website. If you represent a company or other legal entity, you warrant that you are authorised to bind, and acknowledge that your access to, or use of, this Website binds that entity to these Terms of Use.

CLV may change these Terms of Use, without notice, at any time. Continued use of the Website after such change constitutes acceptance of the change. As you are bound by these Terms of Use, we recommend you refer to them regularly. The Terms of Use are published on the Website, and are readily accessible on the Terms of Use' link on the footer of the Website.

These Terms of Use must be read in conjunction with any other applicable terms, conditions and notices governing the use of this Website. If you violate these Terms of Use, or any other terms, conditions or notices governing use of the Website (or any part thereof), CLV reserves any resulting legal rights it may have.

In the event that any provision of these Terms of Use is determined to be unenforceable to any extent, such provision shall be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted by law, and shall not affect the validity and enforceability of the remaining provisions.

Disclaimer

CLV does not warrant that the Website will be error-free or that access to it will be uninterrupted. The Website and its content are delivered on an "as-is" and "as-available" basis. CLV cannot ensure that files downloaded from the Website will be free of viruses, contamination or destructive features. To the extent permitted by law, CLV disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose.

To the extent permitted by law, CLV disclaims any and all liability for the acts, omissions and conduct of any contributors to the Website (including CLV or third party users), advertisers and sponsors. CLV is not responsible for the products, services, advice, actions or failure to act of any designer, prospective employer or other third party in connection with, or referenced on, the Website.

Where the information made available on the Website may contain opinions or judgements of third parties (including designers, marketing companies, and other contributors referenced or featured on the Website), CLV neither endorses nor warrants the contents of any such opinion or advice, and will not accept liability for loss or damage caused by your reliance upon any information obtained through the Website.

Without limiting the foregoing, you may report the misconduct of users, third party advertisers, service and/or product providers referenced on, or included in, the Website to CLV at info@clv.com.au. CLV shall investigate the claim and take appropriate action, in its sole discretion.

Limitation on Liability

CLV makes no guarantee of any specific result from use of this Website.  To the extent permitted by law, CLV excludes liability for any loss or damage, however caused (including through negligence) which you may suffer, directly or indirectly, in connection with your use of the Website or any linked website, including lost opportunity or profits, even if CLV has been advised of the possibility of such damages.

Where legislation prohibits CLV from excluding or modifying the application of liability, the liability will be limited, at CLV's option, to one or more of the following:

(a)    if the breach relates to goods:

     (i)      the replacement of the goods or the supply of equivalent goods;

     (ii)     the repair of such goods;

     (iii)    the payment of the cost of replacing the goods or of acquiring equivalent goods; or

     (iv)    the payment of the cost of having the goods repaired; and

(b)    if the breach relates to services:

     (i)      the re-supply of the services; or

     (ii)     the payment of the cost of having the services supplied again.

This disclaimer does not attempt or purport to exclude any liability that cannot be limited or excluded by law.

Indemnity

You agree to indemnify and hold CLV, its related body corporates, affiliates, officers, agents, contractors and other partners and employees, harmless from any loss (including indirect or consequential loss), liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website, including also your use of the Website to provide a link to another site or to upload content or other information to the Website.

Intellectual Property

Intellectual property rights, such as copyright and trademarks, in this Website (including text, graphics, logos, brand features, product and service names icons, layout, design, sound recordings, video, software and advertisements) is owned or licensed by CLV (or by a related body corporate of CLV, as applicable). Information procured from a third party may be the subject of copyright owned by that third party.

Other than for the purposes of personal use, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except where expressly permitted, you may not in any form or by any means:

  • adapt, modify, download, reproduce, distribute, publicly display, perform, publish, create derivative works or otherwise publicly make available any part of this Website; or
  • commercialise or exploit any information, products or services obtained from any part of this Website,

without CLV's written permission or, in the case of third party material, from the owner of the copyright in that material.

Unless CLV agrees otherwise in writing, you are provided with access to this Website only for your personal use and review. You are authorised to listen, view, retrieve, personally store and print a copy of any information contained on this Website for your personal use, unless expressly prohibited by CLV.

Without limiting the foregoing, you may not without written permission from CLV on-sell or otherwise use information obtained from this Website.

User-generated Content

You warrant that you are the owner of, or are licensed to use and sub-license, all intellectual property rights in content you submit to the Website, and that such submission does not infringe the copyright, moral or other rights of third parties (such as privacy or publicity rights). You agree to indemnify CLV (including its related body corporates, employees, officers and representatives) (the Indemnified Parties), and keep the Indemnified Parties indemnified, against any third party claim it suffers as a result of your breach of this warranty.

Users who submit content in which copyright subsists to this Website, grant CLV a royalty-free, non-exclusive, world-wide license of the intellectual property subsisting in the content to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform and display the submitted content on any media platform and by any means. CLV will use reasonable endeavours to inform you prior to making any subsequent or additional reproduction or public display of your submitted content apart from the Web Site, but in the event that this is impracticable, you acknowledge that by accepting these Terms of Use, you grant us these successive rights.

Notwithstanding its right to supervise, CLV has no obligation whatsoever to monitor user-generated content and accepts no responsibility or liability for the content submitted by users.

Visitors to the Website may contact CLV in relation to any concerns regarding infringement of intellectual property rights or this Terms of Use at info@clv.com.au.

Permitted Use

These Terms of Use entirely replace any implied licence terms that might otherwise apply to the material on this Web Site. CLV explicitly prohibits use of the material on this Website in any manner other than as expressly licensed in these Terms of Use.

With regard to your use of or participation in any interactive facility on the Website, you agree that:

  • you are legally responsible for all content you submit;
  • CLV retains the right to edit, delete or refuse to publish any content or material in its sole discretion, and without attribution of authorship, or by bearing false authorship or by modifying or altering the material even if such modification may otherwise constitute derogatory treatment of the material;
  • under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
  • CLV may notify and or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by CLV (whether of a personal nature or otherwise), to those entities;
  • you will not:
  •    > post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
       > post or transmit false or misleading material or make any form of misleading or deceptive representation;
       > knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other corruptible material;
       > exploit the activity for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements or "spam" or any other means that is contrary to the commercial or lawful interests of CLV);
       > provide access or links to any computer files that contain material which may infringe the intellectual property rights of another person; or
       > delete, alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
  • at the request of CLV you agree to do all things necessary and desirable, either to give effect to these Terms of Use or to help CLV comply with all regulatory directions and obligations.

You acknowledge that you are solely responsible for all results of your actions from your use of the Website.

Linked to Third Party Websites

The Website may reference or provide links to third party sites. CLV does not control these sites or the content within them. CLV does not endorse, guarantee represent or warrant the accuracy, legality, decency copyright compliance or any other aspect of the content of any such site, nor does it warrant that they will not contain viruses or otherwise impact your computer. CLV does not represent any affiliation with the third party site owners or operators, nor that it has approval to display the links. Owners or operators of third party sites linked to the Website can contact CLV at info@clv.com.au to request the removal of the link from the Website. You must not create or maintain any link from another website to this Website without our written consent.

You may not make any claim against CLV for any damages or losses whatsoever resulting from your use of a link to any third party site.

Privacy Policy

By using or accessing the Website, you expressly consent to these Terms of Use and the collection, use, disclosure and storage of your personal information in accordance with the CLV Privacy Policy. For example, you consent to CLV using and disclosing your personal information for the purposes of sending updated information and other promotional material to you. The terms of CLV's Privacy Policy can be viewed by clicking the ‘Privacy' link at the footer of the Website.

Governing Law

These Terms of Use are governed by the laws in force in New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales, and any court that may hear appeals form any such court, for any proceedings in connection with these Terms of Use.

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