The following terms and conditions are subject to consumer protection laws, including the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations.
The contractual rights you may be entitled to under these terms and conditions are in addition to the statutory rights you may be entitled to under the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations.
Clause 1 - License to Use Our Website
ivyO grants you a limited, revocable right to access Our Website for personal, non-commercial use only. You may download a single copy of pages of Our Website.
Clause 2 - General Disclaimers
Sub-clause 2(a): ivyO is not associated with the Ivy League or any of its affiliates.
Sub-clause 2(b): ivyO reserves the right to suspend or terminate your account and your ability to use Our Website or portion thereof for failure to comply with these Terms or any Separate Terms related to a service, for infringing copyright, or for any other reason.
Sub-clause 2(c): While we will endeavor to ensure that Our Website (including our Online Shop) is available 24/7, we cannot guarantee that your access and/or use of Our Website will be uninterrupted or error free. Access or certain functions of Our Website may become temporarily unavailable without notice in the event of system maintenance, a system failure, or other reasons beyond our control.
Sub-clause 3(b): If any ivyO’s services have additional terms and conditions, privacy statements, or other policies ("Separate Terms"), then those Separate Terms shall apply in connection with your use of that ivyO service. In the event there is a direct conflict between the Separate Terms and these Terms, the Separate Terms shall govern.
Clause 4 - Proprietary Rights
Sub-clause 4(a): You acknowledge and agree that Our Website’s content, appearance, feel and features as well as the information, services and any necessary software used in conjunction with Our Website contains confidential and proprietary information protected by applicable intellectual property laws.
Sub-clause 4(b): You also acknowledge and agree that any and all content contained or provided through Our Website is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Sub-clause 4(c): By using this website, you acknowledge and agree to not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, on in any way exploit, in whole or in part, any Proprietary or other material.
Sub-clause 4(d): Unless authorized by ivyO, you also agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on services and information provided by this website, in whole or in part, directly or indirectly.
Clause 5 - Linking to Our Website
ivyO grants to you a limited, revocable, non-exclusive right to only create a hyperlink to Our Website, provided that: the link is used only as a ‘hot’ link (i.e., a direct link) to Our Website (preferably to our Homepage) and for no other purpose; the Media/Website containing the hyperlink to Our Website does not portray ivyO, its products or services in a false, misleading, or otherwise illegal, distasteful, or offensive manner; the Media/Website containing the hyperlink to Our Website does not claim or infer the existence of any relationship with, or endorsement by, ivyO unless you obtained our written consent; selection of the hyperlink from your Media/Website to Our Website, and subsequent page impressions within Our Website, will display and retain within the browser software URL information relevant to Our Website’s addresses; you may not make any part of Our Website available as part of another website by use of deep linking, inline imaging, framing technologies or any other manner of incorporating parts of Our Website in another website without the prior written consent of ivyO; you cannot replicate any part of Our Website or replicate any of the content contained within Our Website, without obtaining ivyO’s prior written consent; we retain, in our sole discretion, a right to disapprove and seek the removal of any link to Our Website. If a link is not immediately removed upon request, then we reserve the right to unilaterally disable that link.
Clause 6 - Privacy
Clause 7 - User Submissions
Sub-clause 7(b): Subject to its legal obligations with respect to privacy, ivyO is free to copy, disclose, distribute, or otherwise use User Submissions on Our Website and otherwise in its sole discretion, whether for commercial or non-commercial purposes and without liability or compensation to any person or entity.
Clause 8 - Your Obligations
Sub-clause 8(a): You are solely responsible for maintaining the confidentiality of any account and password you may have with ivyO. You agree to accept full responsibility for all activities that occur under your account and/or password.
Sub-clause 8(b): You must: behave with honesty, integrity and respect while participating in TMC1, TMC2, Compass and Basecamp sessions, and in all dealings with ivyO and its staff, students, other users of Our Website and the general public; maintain a satisfactory standard of academic honesty and integrity in the participation in, and completion of, any ivyO Solution purchased by You; and comply with all our lawful directions.
Sub-clause 8(c): If you are under 18 years of age when you commence using Our Website or upon purchasing any of our ivyO Solutions, you must: obtain parental or guardian written consent to participate in using Our Website and providing the written consent to ivyO on request; and comply with any age restrictions imposed by ivyO or as required by law in relation to activities undertaken as part of your ivyO Solutions.
Sub-clause 8(e): If you commit a breach of any of the obligations in sub-clauses 8(a) to 8(d) above, then, if possible, you must rectify that breach as soon as possible.
Sub-clause 8(f): If you commit a breach of any of the obligations in sub-clauses 8(a) to 8(d) above, then the following may apply: we may suspend or cancel your enrolment in an ivyO Solution without refund; you may be suspended from ivyO permanently or for a period of time which, if you have an outstanding TrailMap, or you have an upcoming booking for a TMC1, TMC2, Compass and/or Basecamp session, may impact on that enrolment; or you may not be permitted to purchase any future ivyO Solutions.
Clause 9 - Termination
Clause 10 - Third Party Content
Sub-clause 10(a): Our Website may include third party content which is subject to that third party’s terms and conditions of use.
Nothing in Our Website should be construed as granting any license or right for you and/or your organization to make use of that content. Consulting the third party’s terms and conditions regarding any third-party content is strongly recommended.
Sub-clause 10(b): We are not responsible for the accuracy of information contained on other sites accessed by links from Our Website and make no guarantees or warranties that the information contained on this website or any links from this website are free of infection by computer viruses or other contamination.
Sub-clause 10(c): Links to third party websites or sources do not constitute any endorsement or approval of those sites or the owners of those sites. Your access of such third-party sites is therefore at your own risk.