Disclaimer

This statement is to be read in conjunction with the rights claimed by the Victorian Government at www.dpc.vic.gov.au/wovgdisclaimer

You shall indemnify the State Government of Victoria, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of you breaching or procuring another person to breach of the terms of this agreement or using or procuring another person to use of the site, content or related rights in an unauthorised or unlawful manner.

This site and content are provided “as is” and the State Government of Victoria excludes to the fullest extent permitted by applicable law any warranty, express or implied, including without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose.

This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.


Accuracy

The State Government of Victoria uses reasonable efforts to ensure the accuracy, correctness, completeness and reliability of the content on the site, but we make no representations or warranties as to the content’s accuracy, correctness, completeness or reliability.

Although we endeavour to ensure the accuracy of the content on the site, we make no representations or warranties that the functional aspects of our site will be uninterrupted, timely or error free, or that the site or the server that makes it available are free of viruses or other harmful components. Your use of our site is at your own risk.

The State Government of Victoria is not liable for direct, incidental, consequential, punitive or indirect damages, loss of data, loss of profit, goodwill, bargain or opportunity, loss of anticipated savings, inability to use the site and content.


Content

The State Government of Victoria is not liable for damage resulting from content considered offensive. The State Government of Victoria is not responsible for the quality or content of imagery provided by other organisations.

The State Government of Victoria is not liable for any claims, cost, loss, inconvenience or damage incurred in relation to content provided by a third party in a smaller file size than the State Government of Victoria’s standard requirements.


Use of the site

Your use of the site must not disrupt or interfere with the site, reproduce content without permission, violate any law of Australia, collect or store personal data about other users. The State Government of Victoria is not liable for any disruption interference caused by customer’s faulty or inadequate equipment.


Links to other websites

Please note that where the State Government of Victoria offers links to other websites (“Linked Sites”), the State Government of Victoria is not affiliated with those websites and is not responsible for their content, privacy practice or other policies.

• The State Government of Victoria is not responsible for the accuracy of content contained on any Linked Sites or any loss suffered by you in relation to your use of such Linked Sites. You waive any and all claims against the State Government of Victoria regarding the inclusion of links to Linked Sites or your use of those websites.
• Links to other websites do not imply that the State Government of Victoria endorse the Linked Site.
• The State Government of Victoria accepts no responsibility or liability for claims arising out of descriptions or information provided by Linked Sites or any other site and does not warrant the accuracy, legality, decency of material or copyright compliance of any Linked Site or the content provided via any Linked Site.
• The State Government of Victoria is not responsible for the privacy practices of Linked Sites or any other sites.
• The State Government of Victoria recommends that you read the privacy statements of each and every Linked Site that collects personally identifiable information.
• Advertisements on site – your dealings with any advertisers on the site is independent of the State Government of Victoria. The State Government of Victoria is not liable for any loss or damages incurred by clients dealing with advertisements or other organisation websites.
• The use of Linked Sites or other websites is at your own risk.
• Everything is provided to you ‘as is’ and ‘as available’ without warranty or condition of any kind.
• The State Government of Victoria exclude all representations and warranties in relation to Linked Sites and advertisements on the site to the fullest extent permitted by law.

Limitation of liability

Where legislation implies any condition or warranty which cannot be lawfully excluded or modified, that condition or warranty will be deemed to be limited to the following:

1. In the case of a breach of condition or warranty in relation to goods: replacement, repair, payment of cost of replacing or repairing goods
2. In the case of a breach of condition or warranty in relation to services: supply of services again, payment of cost of having service supplied again.

General provisions

The State Government of Victoria reserves the right to delete or archive any material and change the terms and conditions on the site at any time, effective immediately upon notification on the site. The State Government of Victoria reserves the right to change the disclaimer policy at any time, effective immediately upon notification on the site. Your continued use of the site will be deemed acceptance of those deletions or changes.


Termination of access

Your access to the site may be terminated at any time by us without notice. The disclaimers and indemnities contained in these terms and conditions will survive termination of these terms and conditions.


Governing Law

These terms and conditions will be constructed according to and are governed by the laws of Victoria, Australia.


General

We accept no liability for our failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall continue in full force.

These terms and conditions incorporate by reference any notice displayed on the site by us and altogether constitute the entire agreement with respect to your use of the site.

No rule of contract interpretation must be applied in the interpretation of these terms and conditions to the disadvantage of the State Government of Victoria on the basis that it prepared or put forward these terms and conditions or any document comprising part of these terms and conditions.


Other information

The State Government of Victoria reserves the right to change our online privacy policy, effective immediately upon notification on the website. If you have any questions about the State Government of Victoria’s privacy policy or concerns about personal information you have supplied to the State Government of Victoria, please contact: studymelbourne@diird.vic.gov.au

Your continued use of the site will be deemed acceptance of these terms and conditions.