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Ucroo Terms of Use

1.          Overview

1.1       This Agreement was last revised on July 17, 2017.

1.2       These Terms of Use ("Terms") govern your use of the UCROO.com website, online and mobile application services for an educational institution network system (the "Service") and form a binding contractual agreement between you, the user of the Service and us, UCROO Pty Ltd (ACN 149 381 706) (“UCROO”). For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Service. You can contact us on:

UCROO Pty Ltd

398 Johnston St, Abbotsford VIC 3067, Australia

Attention: UCROO Support

Email: support@ucroo.com

Tel: +61 4 2222 4788

1.3       The Service offers the ability for students to communicate within an educational institution network (“Network”). A Network consists of the following components:

a)          Our basic Network which is offered free of charge (“Basic Network”); and

b)          Our premium Network which your educational institution may subscribe for, for a fee (“Upgraded Network”).

1.4       We license the Service to your educational institution pursuant to a service and licence agreement with them. By using the Service you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. Even if your educational institution has a separate agreement with us, you are still bound by these Terms.

1.5       By using the Service you also agree to our Privacy Policy which governs how we collect, use, share and store your personal information.

1.6       If you do not agree to the Terms, please do not use the Service.

 

2.          Licence to use Service

2.1       We grant you a non-exclusive, worldwide, non-transferable licence to use the Service in accordance with the terms and conditions set out in this Agreement.

2.2       You must register with UCROO and create a “Member” account. Your account gives you access to the Service and functionality that UCROO may establish and maintain from time to time in our sole and absolute discretion.

2.3       You may access and use the Service (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Service for your own personal, non-commercial use.

2.4       The Service contains links to other websites as well as content added by users other than us. Your access of other users’ and third parties’ content and information is at your own risk. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

2.5       You must not add any content to the Service:

a)          unless you hold all necessary rights, licences and consents to do so;

b)          that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

c)          that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

d)          that would bring us, or the Service, into disrepute; or

e)          that infringes the Intellectual Property Rights (defined in clause 4.1) or other rights of any person.

2.6       You must not use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers” etc that accesses the Service in a manner that sends more request messages to the UCROO servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.

2.7       You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the Service for any commercial solicitation purposes or unsolicited bulk messages.

2.8       You acknowledge and agree that:

a)          for the Basic Network, we retain complete editorial control over the Service and may alter, amend or cease the operation of the Service at any time in our sole discretion;

b)          if your educational institution subscribes for an Upgraded Network, it may have control over all or some of the items, and information therein, listed in clause 2.8a) above

c)          we reserve the right to delete any of the material referred to in clause 2.5;

d)          the Service will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);

e)          we may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice or any liability if you breach any material provision of these Terms;

f)            we reserve the right to offer alternative and/or additional services to certain administrative users, including administrators of Networks, that may not be offered to general users.

2.9       Your use of the Service is subject also to any agreement between you and your educational institution, including your educational institution's policies, guidelines, and procedures concerning the content you post to the Service.

2.10    Network administrators and staff users may delete content you post on the Service. Staff users will have the ability to delete content posted on the Service but do not have the enhanced levels of administrative control available to Network administrators.

2.11    Users of the Service may form a group and only members of a group will be able to access content posted by the group (“Private Group”) unless it is a “Public Group”. Content posted within a Private Group may only be accessed by non-Group members if required for the purposes of dispute resolution or as otherwise required by law.

2.12    Users of the Service may create a “Club Page” for student organisations. Only official representatives of an approved student organisation may create a Club Page on the Service.

2.13    If you become aware that a user of the Service is not authorised to be a Member of a Network or is otherwise in breach of these Terms, you must contact us with details of the relevant user.

2.14    You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

 

3.          Eligibility

3.1       You are only eligible to use the Service if you are sixteen (16) years of age or older.

3.2       Any registration, use or access to the Service by any person under sixteen (16) years is unauthorized, unlicensed, and in breach of these Terms.

3.3       If you are under eighteen (18) years of age you may only use the Service if you are:

a)          a minor who is not legally dependant on an adult, or if you have obtained legal parental or guardian consent; and

b)          you are able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to comply with these Terms without legal restriction.

 

4.          Intellectual Property Rights

 4.1       For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright, moral rights, rights of publicity, trade marks, goodwill, trade secret rights and other intellectual property rights as may not exist or may hereafter come into existence, and all applications therefore and registration, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

 4.2       Nothing in these Terms constitutes a transfer of any Intellectual Property Rights. You acknowledge and agree that, as between you and us, we own all Intellectual Property Rights in the Service and its materials, including without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music. Nothing in these Terms shall be deemed to create a licence in or under UCROO’s Intellectual Property Rights.

4.3       By posting or adding any content onto the Service, you warrant that you have all necessary rights, including any necessary permissions and licences to use any Intellectual Property Rights in such content, and grant us a non-exclusive, royalty-free, worldwide and transferable right and licence to use that content only for the purpose of being able to provide the Service to you.

4.4       You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clause 4.3.

 

5.          Warranties

5.1       You represent and warrant to us that:

a)          you have the legal capacity to enter these Terms;

b)          you have complied with clause 2.5;

c)          you are an eligible user of the Service in accordance with clause 3; and

d)          no content you post on the service will infringe another party’s rights including without limitation any Intellectual Property Rights, rights of publicity and privacy nor will such content infringe or be likely to infringe any law of the Commonwealth of Australia or the law of any State or Territory in Australia.

 

6.          Payments

 6.1       You may purchase tickets to ticketed events through a Club Page established in accordance with clause 2.12. Membership registration and ticket payments are processed by PayPal Inc and deposited in the UCROO Clubs Paypal Business Account after which it is remitted to the relevant Club.

6.2       Your use of the PayPal site will be governed by PayPal’s terms and conditions. UCROO does not store or process any of your credit card information.

 

7.          Liability and indemnity

 7.1       To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business, identity theft, malfunctioning or any consequential or incidental damages.

7.2       You must notify UCROO immediately of any breach of security or unauthorised use of your account.

7.3       To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

7.4       These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

a)          in the case of goods:

i.              the replacement of the goods or the supply of equivalent goods;

ii.              the repair of the goods;

iii.              the payment of the cost of replacing the goods or of acquiring equivalent goods; or

iv.              the payment of having the goods repaired, and

b)          in the case of services:

i.              the supply of the services again; or

ii.              the payment of the cost of having the services supplied again.

7.5       You indemnify and hold harmless UCROO and its subsidiaries, agents, managers and all affiliated educational institutions (including the educational institution's Network you have a Member account with), and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including legal costs) arising from your use of the Service, a breach of these Terms or any third-party rights, a breach of any law, any claim loss or damage arising by reason of the use of any content you post, and arising from any other party’s access and use of the Service with your unique username, password or other security code.

 

8.          Termination

 8.1       These Terms terminate automatically if, for any reason, we cease to operate the Service.

8.2       We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

 

9.          Security & Privacy

 9.1       UCROO has implemented security measures to protect your personal information and content you post on the Service.

9.2       Details of UCROO’s privacy measures can be found at: https://ucroo.zendesk.com/hc/en-us/articles/204503075-UCROO-Privacy-Policy

9.3       UCROO will take reasonable steps to protect personal information in its possession or control against misuse and loss from unauthorised access, modification or disclosure.

 

10.       General

 10.1    You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

10.2    If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

10.3    You acknowledge that these Terms constitute the entire agreement between you and us regarding your use of the Service and supersedes all prior agreements with respect to the subject matter of these Terms.

10.4    Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

10.5    We reserve the right to modify, supplement, or replace these Terms. Any modified, supplementary, or replacement Terms (“Amendments”) shall be effective upon posting on UCROO.com or notifying you otherwise. Your continued use of the Service shall be a deemed acceptance of such Amendments.

10.6    Any failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of our right to act with respect to that breach or subsequent similar or other breaches.

10.7    You may not assign or delegate any rights or obligations under these Terms. We reserve the right to assign or delegate all rights and obligations under these Terms without notice to you.

10.8    This Agreement is governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.

10.9    Any complaints relating to your use of the Service should be directed to us at the address listed at the start of these Terms.

 Other Policies You Comply With By Using Our Platform:

 

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