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Terms of use

These terms of use relate to www.mackillop.org.au and all sites owned and operated by MacKillop Family Services including www.mackillopinstitute.org.au, www.mackillopseasons.org.au and www.mackillopeducation.vic.edu.au (herein referred to as "the Sites"). The terms of use relate to the information, graphics, text and other material published on the sites.

These terms of service ("Terms") apply to all use of the Sites and their contents ("the Services"). Please read these terms carefully before accessing or using any part of the Sites. By accessing or using any part of the Sites, you agree to become bound by these Terms. If you do not agree to all these Terms, then you may not access the Sites or use any of the Services.

You should also refer to our Privacy Policy and Donor Privacy Statement, which contain important information regarding personal information you may provide to us on the Sites.

1. Use of the Sites/Information

The information contained in the Sites and Services is intended to provide general information only.

2. User Conduct

You accept all responsibility for your access and activity associated with accessing the Sites.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Sites. You may only use the Sites and Services for their intended and lawful purpose, in accordance with these Terms. You may not use the Sites or Services in any way that:

a) Is inconsistent with these Terms or any law or regulation,
b) For the purposes of exploiting, harming, threatening, defrauding or otherwise conducting yourself in a manner which is inconsistent with the intended use of the Site or Services, or
c) That engages in commercial activity, promotions, advertising, solicitation, or other such conduct, unless expressly authorised by us.

MacKillop reserves the right to terminate or suspend your access to the Sites or Services if we consider in our sole discretion that you are using the Sites or Services in a manner that is not consistent with the above.

3. Links

The Sites contain links to third-party websites or resources which may be necessary to provide you with the Services. You acknowledge and agree that MacKillop Family Services is not responsible or liable for:

a) The availability or accuracy of such websites or resources; or

b) The content, products or services on or available from such websites or resources.

Links to such websites or resources do not imply any sponsorship or endorsement by MacKillop Family Services of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risks arising from your use of such websites or resources. You also acknowledge that the terms of use, including licence terms, set out on the third party's website or resources apply to your use of those websites or resources.

4. Warranties and Limitation of Liability

The Sites and Services are provided "As-is", without warranty or condition of any kind, either express or implied to the extent permitted by law.

Without limiting the foregoing, MacKillop Family Services makes no representations or warranties that the Sites and Services will meet your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses.

Nothing contained in the Sites or the Services, constitutes professional advice or a formal recommendation of any kind. MacKillop Family Services makes no representations or warranties about the accuracy, truthfulness, completeness or reliability of any information obtained through the Sites or the Services.

MacKillop Family Services is not liable to you or anyone else for any loss resulting from any action taken or reliance made by you or anyone else on any information or material contained in the Sites or the Services.

No advice or information whether oral or written obtained from MacKillop Family Services or through the Sites or the Services, will create any warranty not expressly made in these Terms.

The above does not attempt or purport to exclude liability under statute if, and to the extent, that such liability cannot be lawfully excluded.

5. Indemnification

You agree to indemnify MacKillop Family Services against any loss, liability, claim, demand, damage or expense (including legal fees), however that claim arises, incurred by MacKillop Family Services arising out of your breach of these Terms, either by yourself or by any person on your behalf.

6. Governing Law

The Terms, and all claims relating to or arising out of these Terms, will be governed and interpreted in accordance with the laws of Victoria, Australia. You and MacKillop Family Services agree to submit to the non-exclusive jurisdiction of the courts of Victoria.

7. Website Compliant with Australian Law Only

MacKillop Family Services does not warrant that the Sites or the Services comply with the laws of any country outside of Australia. If you choose to access the Sites from another location or jurisdiction, you do so at your own risk and are responsible for compliance with applicable local laws.

8. Amendments

MacKillop Family Services reserves the right to amend these Terms from time to time. Amendments will be effective immediately. It is your responsibility to check these Terms periodically for changes. Your continued use of the sites following the posting of any amendments to these Terms will represent an agreement by you to be bound by these Terms as amended.

9. Copyright and Trademarks

All material contained on the Sites and in the Services is protected by copyright and trademark laws of Australia and, through international treaties, in other countries.

The Sites and Services contain copyrighted materials, trademarks and other proprietary information, including, but not limited to text, images and audio, the worldwide rights to which are owned or licensed by MacKillop Family Services.

You may only use the Site and Services for your personal, non-commercial use unless otherwise expressly authorised by us. You may not use, copy, publish, upload, post (to a bulletin board, blog or otherwise), transmit, distribute, or modify any contents of the Sites in any way without permission from MacKillop Family Services.

10. Severability

In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

11. Termination and Suspension

MacKillop Family Services reserve the right, without notice and at our sole and absolute discretion, to discontinue, suspend or terminate any service offered on its Sites. All Terms, capable of having effect, shall survive termination, including without limitation ownership provisions, disclaimers, indemnifiers and limitations of liability.

12. Other Terms May Apply

You acknowledge that other terms and conditions may apply to your use of specific services or materials provided by MacKillop Family Services (service-specific terms). Where those other service-specific terms are inconsistent with these Terms, those other service-specific terms will apply.