Terms and conditions

Please read these Terms and Conditions (“Terms”) carefully before using StudyPerth ProsPER (“Platform”).

Welcome to the StudyPerth ProsPER website!  You are reading these Terms because you are using the Platform.  You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”.  Your carrier's normal data rates and fees apply to your Device.

The Platform is owned and operated by Perth Education City Inc ABN 76 842 611 690 (“StudyPerth”, “we”, “us”, or “our”).

These Terms create a legally binding agreement between you and StudyPerth regarding your use of the Platform. By accessing or using the Platform, subscribing to our Services or signing up to our mailing list, you agree to be bound by the Terms. If you don’t agree to the Terms, please exit the Platform now.

  1. Summary

These Terms are a contract between us, and we recommend that you read them in full. Here are a few of the more important points:

  • If we change these Terms, we will tell you. If you then continue to use the Platform, you’re telling us that you accept to be bound by the new Terms.
  • We are a community, and we expect you’ll be a good friend and neighbour. Follow the ground rules (section 3) and only use the Platform according to the Code of Content (section 6).
  • Your content is your content; our content belongs to us (or our partners). If you post something on the Platform, you are telling us that either you created the content yourself OR you have the creator’s permission to post the content. If that turns out to be wrong they send their lawyers after us, that’s on you.
  • We can suspend or close your account, or end your use of the Platform for a lot of reasons, only some of which are described in section 8.
  • We will try hard to make the Platform and services available as and when you need it. But the Platform or services may sometimes be unavailable for any number of reasons. It will suck if that happens; but we do not accept any liability for it.
  • We can change the Platform, or stop providing it altogether, at any time.
  1. Changes to these Terms

Our Terms May Change. We may update these Terms from time to time.  If a material change is made, we will post a notice on the Platform or send you a notification.  Read through any changes, and if you don’t agree to them, please stop using the Platform.  If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law. 

  1. Ground Rules

Eligibility.  You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian.  There may be certain age restrictions for specific Platform services in various countries.

Rules for Registration.  When you register for an account with us, the following rules apply:

Be True:  Provide accurate and current registration information.

Be You:  Keep your registration personal.  Do not register for more than one StudyPerth ProsPER account, or register a StudyPerth ProsPER account on behalf of someone else.

Be Secure:  You are solely responsible for your use of the website, and protection of your password. Keep your username, password and other login credentials secure and do not allow anyone else to use your StudyPerth ProsPER account. You must also take all other action that we reasonably determine is necessary to maintain or enhance the security of your information or the Portal.

Be Responsible:  Inform StudyPerth immediately of any unauthorized use of your StudyPerth ProsPER account, or if you lose control of your password.  You are responsible for anything that happens through your account – with or without your permission.

If you don’t play by these ground rules, we may suspend or remove your account.

  1. Ownership of Content

All of the content on our Platform - including text, videos, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, general artwork and other content ("Content") - is owned by StudyPerth or others we license Content from, and is protected by copyright, trademark, patent and other laws.

The Platform may provide links or references to other services or websites for your convenience. We do not control or endorse these websites or services, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of them, or for any damage or injury arising in connection with your access to them.

  1. Posting Content on Platform

User Content License. Some parts of the Platform allow you to post photos, comments, and other content, which we refer to as “User Content.”  StudyPerth is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to StudyPerth as described below:

You represent and warrant to us that you have the right to post your User Content, and that your doing so will not infringe the intellectual property rights of any third party. You grant StudyPerth a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. You give us your complete and genuine consent to our use (in any way we deem appropriate) all or any portion of the User Content, even if such use by us would otherwise be an infringement of your Moral Rights (having the meaning given to that term in the Copyright Act 1968 (Cth)).

StudyPerth may, in our sole discretion, remove any User Content at any time.

  1. User Code of Content

We’re excited to have you contribute to the StudyPerth ProsPER community.  Here are a few basic rules:

Be Original.  Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.

Be a good neighbour. Use the website in good faith and for personal use only. Avoid causing annoyance, inconvenience or needless anxiety to others.

Be Safe. Do not do anything that may expose StudyPerth or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.

Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.

Do not use any data mining, robots, scraping or similar data gathering methods.

Be Appropriate. Use the Platform in good faith and for your personal use only. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws.

Be Yourself.  Do not impersonate any person or organisation.

HAVE FUN!

Please support the StudyPerth community and report any violations of these Terms by contacting us by email at admin@studyperth.com.au.

  1. Copyright Infringement

Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. 

If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorised to act on his/her behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) the precise URL or a description of where on the Platform the content that you claim is infringing is located;

(4) a written statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send correspondence to admin@studyperth.com.au

  1. Suspension

We may temporarily suspend (in part or in whole), and without prior notice to you, your access to the Platform if:

  1. we determine you are in breach of these Terms, including where we determine you have failed to meet your obligations under sections 3 or 6;
  2. we reasonably believe that you have posted content that, or used the Platform in any way that, infringes (or is likely to infringe) a third party’s copyright.
  3. someone claims the Platform (or a component or the content of it) infringes the intellectual property rights of any person;
  4. someone brings legal proceedings against us; or
  5. there is a malfunction, fault or breakdown of any of our (or our contractors) equipment or if we (or our contractor) needs to do any repairs, maintenance or service on any part of the Platform;
  6. circumstances outside of our control affect (or may affect) our ability to provide the website; or
  7. we are required by law to do so.

A suspension will not affect any rights which accrue prior to, or after, suspension of our obligations under these terms.

  1. Downtime and Limitations

You acknowledge and agree that your access to the Platform:

  • may occasionally be limited due to scheduled maintenance; and
  • is reliant upon various factors outside our control, including, without limitation, events of Exceptional Circumstance, your internet service provider, telecommunications provider or computer/mobile equipment used.

While we will use reasonable endeavours to ensure you have continuous access to the Platform, we will not be liable to you or any other person for any claim or to any other extent for loss or damage caused by such factors.

  1. Stuff our lawyers wrote
  2. You acknowledge and agree that the Platform contains general information and may include material from many different sources, including from our partners. We make no representation and do not warrant that the information provided on the website is complete, accurate or current.
  3. The information on this website provides general information only; it does not take into account your specific circumstances, and is not a replacement for academic or professional advice.
  4. We merely provide the website as a platform, and are not responsible or liable for the actions or inactions of another member in relation to you.
  5. You will have no claim against us arising from your loss of access to or functionality in the Platform or services.
  6. To the extent permitted by law. neither StudyPerth or any of our officers, employees, contractors or other representatives will be liable for any loss, damage or personal injury whatsoever which may arise out of or in connection with your use of the Platform.
  7. Implied terms. To the full extent permitted by law:
    1. any term which would otherwise be implied into these Terms of Use is excluded. However nothing in these Terms of Use excludes a compulsory consumer guarantee which applies under the Competition and Consumer Act 2010 (Cth) and which cannot be excluded, restricted or modified; and
    2. you acknowledge that we provide the website and the services on an ‘as is, where is’ basis, and we make no warranties or representations, express or implied, as to the website or services (and any information or documentation provided in connection with them), whether provided by us, third party contractors or other users.
  8. If any law implies or imposes terms into these terms which cannot be lawfully excluded, such terms will apply, save that our liability for breach of any such term will be limited in accordance with the remainder of this section.
  9. Limitation of liability. If we have any liability in connection with these terms (whether in contract, under a right of indemnity, tort or statute), then our cumulative liability will be limited (at our option) to any one or more of the following:
    1. re-supplying the services to which the liability relates or the supply of equivalent services; or
    2. refunding you (subject to the cap on liability in this clause) the amount of your Subscription Fees under this agreement.
  10. This limitation of liability extends to Loss, damage or personal injury caused directly or indirectly by your access to or inability to access this website, and your reliance on any information provided in the website, even if we have been advised of the possibility of such damages or injury.
  11. Irrespective of anything else in these terms, to the extent that we are liable in connection with these terms (whether in contract, under a right of indemnity, tort or statute), then our cumulative liability in the aggregate (to the fullest extent permitted by law) will not exceed the Subscription Fees prepaid by you to us under this agreement in the 6 months before our liability arose.
  12. Indemnity. You agree to indemnify, and hold harmless us and our officers, employees, contractors or other representatives from all liabilities, claims and expenses, including legal fees that arise from your use or misuse of this website.
  13. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defences.
  14. Termination

You can terminate this agreement by stopping your use the Platform.

StudyPerth can modify or stop providing the Platform at any time without notice.

StudyPerth may suspend your account (including under section 8), terminate your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to you, subject to applicable law.   

  1. Electronic Communications

By using the Platform, you agree to receive electronic communications from StudyPerth.

You agree that any notice, agreement, disclosure or other communication that StudyPerth sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  1. Miscellaneous

Notices. You can give us notice under this agreement by email at admin@studyperth.com.au. We can give you notice under this agreement by email at the address you provide in your personal profile on the Platform.

Assignment. You must have our prior written consent before you assign, transfer or novate all or any part of your rights or obligations under or relating to this agreement. StudyPerth may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.

No waiver. StudyPerth’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or StudyPerth’s rights. You should always assume these Terms apply.

Severability. If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

Governing law. These Terms are governed by and interpreted in accordance with the laws of Western Australia. You and we submit to the jurisdiction of the Courts of Western Australia.

Thanks for reading.  Please enjoy our community!