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Disclaimer and Limitation of Liability

The Competition and Consumer Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by Wesley College of goods or services on the site which cannot be excluded, restricted or modified (“Non-excludable Rights”). Wesley College does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided “as is” and without warranties of any kind, either express or implied, b) Wesley College and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Wesley College does not warrant that the functions contained in any Content or any Communications Facility or your access to the site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) Wesley College does not warrant or make any representation regarding your access to, or the results of your access to, the site (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Wesley College) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

 

Under no circumstances (including but not limited to any act or omission on the part of Wesley College) will Wesley College or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the site or any Content. You expressly acknowledge and agree that Wesley College does not exert control over users of the site (including individuals referred to on the site as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

 

To the fullest extent permitted by law, Wesley College’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Wesley College to the following: in the case of services supplied or offered by Wesley College, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Wesley College, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

 

 

Intellectual property and restrictions on use of Content on the Wesley College Website

 

All information, text, material, graphics, software and advertisements on the Site (“Content”) are Copyright ©Wesley College unless expressly indicated otherwise. Content on the Site is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by Wesley College. Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the site in any manner or for any purpose which is unlawful or in any manner which violates any right of Wesley College which is prohibited by the Terms of Use.

 

 

Miscellaneous

 

Wesley College relies on your continued observance of these Terms of Use. If Wesley College suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Wesley College for those losses, damages and costs.