Terms and conditions

Terms and Conditions

Giving Day website Terms and Conditions

1. Your use of this website and any products or services offered and supplied by this website (the Services) is subject to these terms and conditions.

2. In these terms and conditions:

  • (i) Consequential damages means any loss of profits, loss of opportunity, loss of reputation, loss of goodwill, loss of revenue or loss of contract value.
  • (ii) Content means any content including videos, audio clips, text, software, pictures and other features and information which QUT has made available as part of the Services including content you have uploaded to the Site.
  • (iii) Project means any project approved by Queensland University of Technology (QUT) and posted on the website.
  • (iv) Site means the Giving Day website.
  • (v) Sponsor means any organisation or individual contribution financially to a Project.
  • (vi) Website means the QUT Giving Day website.

3. By using this site you agree to be bound by these terms and conditions.

4. You warrant that by using this website you are over 18 years of age.

5. QUT reserves the right to:

  • (i)refuse the Services to anyone at any time without notice or for any reason;
  • (ii)change its eligibility criteria at any time without notice and for any reason.

6. QUT reserves the right to alter or change these terms and conditions at any time.

7. QUT reserves the right to change, suspend or discontinue the Services at any time.

8. QUT may limit or restrict your access to the Services without notice or liability.

9. When accessing the Website or using the Services you are prohibited from:

  • (i)Infringing any patent, copyright, trade mark, moral right;
  • (ii)violating any law or contractual duty;
  • (iii)engage in misleading conduct or publish knowingly false or inaccurate information;
  • (iv)send spam, junk mail or advertising not authorised by QUT, viruses, trojans, worms, logic bombs or other malicious or technologically harmful electronic communication or communication that any person or entity.

10. You agree not to:

  • (i)impose or create an unreasonably large load on the electronic systems of QUT or those of the Website host, Sponsorcraft Pty Ltd;
  • (ii)interfere with or disrupt the Services including but not limited to denial-of-service or distributed denial-of-service attacks;
  • (iii)access the Services other than by the QUT interface hosted by Sponsorcraft Pty Ltd.
  • (iv)access the Services by any automated means such as web-crawlers or the use of scripts;
  • (v)run any form of spam or auto-responder to the Services.

11. QUT does not guarantee that the content will be made available on or through the Services.

12. QUT reserves the right to remove, edit or modify any Content in its sole discretion from the Services at any time without notice.

13. You are responsible for configuring your information technology, computer programs and platform in order to access the site.

14. QUT reserves the right to refuse or cancel any registration for use of the Site.

15. The Site contains links to other sites. QUT is not responsible or liable for the content of other websites and you use them at your own risk.

16. You acknowledge that all Content you access through use of the Services is the sole responsibility of the person from whom the content originated.

17. You agree to indemnify QUT for any claim, action, proceeding or legal costs for any claim by a third party in respect of Content you upload to the Site.

18. QUT grants you a personal, worldwide, royalty free, non-assignable licence to use the Content provided to you by QUT as part of the Services.

19. Use, reproduction, modification, distribution or storage of any part of the Services other than for personal, non-commercial use is expressly prohibited without prior permission of QUT.

20. You must not copy, modify, create a derivative work, reverse engineer or attempt to extract the source code of the Services or the Site.

21. You retain copyright in the Content you upload.

22. By uploading Content you grant QUT a perpetual, irrevocable, worldwide, royalty free licence to reproduce, adapt, modify, publish or display the Content.

23. You must not reproduce QUT’s logo without express permission.

24. QUT may terminate or restrict access to your account at any time without notice.

25. You may cancel your account at any time upon request to QUT

26. QUT, its directors, employees and agents disclaim all warranties, whether express or implied, regarding the Site, the Services or Content and do not warrant:

  • (i)The Site or any content on it will be free from errors of omissions;
  • (ii)The Services will be secure or available at any particular time or location;
  • (iii)The Content is accurate or up to date;
  • (iv)That any defects or errors will be corrected;
  • (v)Any Content or Software is free from viruses or other malware.

27. You acknowledge your use of the Site is at your own risk.

  1. You agree to indemnify QUT and its officers, employees and agents (Indemnified Parties) from and against any Claim which any of the Indemnified Parties pays, suffers, incurs or is liable for arising out of or in connection with:

    • (i)any breach of this Agreement by you;
    • (ii)the death or personal injury of any person to the extent caused or contributed to by you;
    • (iii)loss of, or damage to, any property to the extent caused or contributed to by any act or omission by you;
    • (iv)any breach of Law by you;
    • (v)any infringement, or alleged infringement, of a third party’s rights (including Intellectual Property Rights); and
    • (vi)any act or omission of fraud, dishonesty, reckless or wilful misconduct or misrepresentation by you.

    29. To the maximum extent permitted by law, QUT’s maximum aggregate liability in connection with these Terms and Conditions the amount of the fees payable under these Terms and Conditions.

    30. Neither party shall be liable to the other party for consequential losses arising in connection with these Terms and Conditions whether arising under contract, tort or otherwise.

    31. By using these Services you consent to receiving from QUT all notices, agreements and other information electronically.

    32. These Terms and Conditions are governed by the laws of Queensland and you consent to the exclusive jurisdiction of the courts of Queensland in respect of any dispute arising between you and QUT.

    33. These Terms and Conditions represent the entire agreement between you and QUT.

    34. No waiver is effective unless it is in writing and signed by the party granting it.

    35. Clauses 9, 10, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23, 26, 28, 29, 30, 32 and 33 survive termination or conclusion of these Terms and Conditions.