General Terms of Use #

Agreement Between User and the Adelaide Medical Students' Society Incorporated (AMSS)

The AMSS Web Site is comprised of various Web pages operated by the AMSS. The AMSS Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the AMSS Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of these Terms of Use

The AMSS reserves the right to change the terms, conditions, and notices under which the AMSS Web Site is offered, including but not limited to the charges associated with the use of the AMSS Web Site.

Links to Third Party Sites

The AMSS Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of the AMSS and the AMSS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The AMSS is not responsible for webcasting or any other form of transmission received from any Linked Site. The AMSS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the AMSS of the site or any association with its operators.

No Unlawful of Prohibited Use

As a condition of your use of the AMSS Web Site, you warrant to the AMSS that you will not use the AMSS Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the AMSS Web Site in any manner which could damage, disable, overburden, or impair the AMSS Web Site or interfere with any other party's use and enjoyment of the AMSS Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the AMSS Web Sites.

Use of Communication Services

The AMSS Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

The AMSS has no obligation to monitor the Communication Services. However, the AMSS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The AMSS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The AMSS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the AMSS's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The AMSS does not control or endorse the content, messages or information found in any Communication Service and, therefore, the AMSS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Managers and hosts are not authorized AMSS spokespersons, and their views do not necessarily reflect those of the AMSS. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to the AMSS or Posted at any AMSS Web Site

The AMSS does not claim ownership of the materials you provide to AMSS (including feedback and suggestions) or post, upload, input or submit to any AMSS Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the AMSS, its affiliated committees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. AMSS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the AMSS's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE AMSS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE AMSS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AMSS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE AMSS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE AMSS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE AMSS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AMSS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMSS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AMSS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE AMSS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE AMSS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE AMSS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMSS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AMSS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AMSS WEB SITE.

Service Contact

itofficer@amss.org.au

Termination/Access Restriction

The AMSS reserves the right, in its sole discretion, to terminate your access to the AMSS Web Site and the related services or any portion thereof at any time, without notice.

General

To the maximum extent permitted by law, this agreement is governed by the laws of the Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Australia in all disputes arising out of or relating to the use of the AMSS Web Site. Use of the AMSS Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the AMSS as a result of this agreement or use of the AMSS Web Site. AMSS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AMSS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AMSS Web Site or information provided to or gathered by the AMSS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Payment Terms of Use #

1. Direct Obligations of the Customer

By utilising the AMSS Online Payment Services and all associated aspects of the AMSS website, all customers expressly agree:

1.1. To provide to the best of their knowledge, true and correct information;

1.2. To endeavour to comply with all requests from the AMSS in direct relation to any order made by the said customer as soon as is practicable;

1.3. That they have read and understood this document, being the AMSS Terms of Use;

2. Associated Conduct of the Customer

By utilising the AMSS Online Payment Services to purchase tickets to AMSS events, all customers agree to be bound by:

2.1. The AMSS Alcohol Policy and other policies as directed by the AMSS which may relate to any specified event run by the AMSS or any associated body as determined by the AMSS;

2.2. Any directions of the AMSS Executive or the relevant Event Organisers at any AMSS event when any facet of the customers conduct may be deemed to breach a AMSS policy. Directions are not limited to, but may include;

2.2.1 Any customer must leave a venue at the direction of the AMSS Executive;

2.2.2 Any customer may be refused further service of alcohol at the direction of the AMSS Executive.

2.3. The requirements and restrictions of the venue of any particular AMSS event, including, but not limited to:

2.3.1. The minimum age requirement at the said venue;

2.3.2. Codes of conduct of the venue in question; and

2.3.3. The reasonable requests of the employees of the said venue.

3. Disclaimer of Warranties and Limitation of Liability

To the full extent permissible by applicable law, the AMSS hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. Notwithstanding the requirements conferred on the AMSS by its official documents regarding its Online Payment Services, and the legal requirements thus incurred, the AMSS will not be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site and the associated products solely at your own risk.

4. Privacy Policy

Please be sure to read our Privacy Policy, as incorporated in this website here.

5. Refund Policy

Please be sure to read our Refund policy, as incorporated in this website at here.

6. Site Currency

All prices listed on this website are in Australian Dollars.

7. Modification of These Terms of Use

The AMSS reserves the right to change, at any time, at the sole discretion of the AMSS Executive, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms included herein.

Refunds Policy #

The policy of the AMSS regarding refunds for purchases made by customers through our online payment services states:

1. Absolutely no refunds shall be provided, except in exceptional cases which will be determined by the AMSS Executive;

2. The AMSS shall contain on its website the AMSS Refund Application Form;

2.1. Only applications for refunds submitted in this manner and providing full information in compliance with the Application Form will be considered by the AMSS Executive.

3. All discussion regarding applications for refunds, and reasons for the refusal or granting of such application shall be fully recorded in the minutes of the relevant AMSS Executive meeting(s);

3.1. The AMSS Executive discussion regarding such application will remain, in all cases, confidential from all other parties, including the members and the Non-Executive officers of the AMSS ;

4. In the event of the determination of an exceptional case, the AMSS Executive shall have full rights to decide:

4.1. Whether any refund is provided; and
4.2. A total or partial refund of any monetary amount is provided.

5. The aforementioned points 2.1 and 2.2 must be determined through unanimous agreement of the AMSS Executive.

5.1. In the event that a unanimous agreement cannot be reach by the AMSS Executive, absolutely no refund shall be provided in the respective case.

6. If the AMSS Executive unanimously agrees to provide any refund:

6.1. The AMSS Executive shall notify the customer within one week of the date of the decision to provide the total or partial refund:

6.1.1. The AMSS Executive will notify the customer of the date upon which the decision was made;
6.1.2. The AMSS Executive will notify the customer of the amount to be refunded.

6.2. The refund will be provided to the customer in question within one month of the date of the decision to provide the relevant refund.

7. Absolutely no appeal or argument will be accepted in regards to any application for any refund, whether the application is rejected outright, considered and dismissed, considered and partially approved, or considered and fully approved.

Privacy Policy #

For each visitor to the AMSS website, the web server does not recognise any information regarding the domain or email address.

The AMSS website collects only payment information (e.g., credit card number and billing address) that is volunteered by customers, and any other relevant information that is required by the AMSS to successfully process any orders placed by customers.

The information collected is disclosed when legally required to do so, at the request of governmental authorities conducting an investigation to verify or enforce compliance with the policies governing our website and applicable laws or to protect against misuse or unauthorized use of our website.

Content submitted through forms on the AMSS website may be subject to spam analysis by Mollom. (Privacy Policy)

The AMSS does not make the customer email list available to other organisations.

If you supply the AMSS with your postal address on-line you will only receive the information or product for which was the purpose of provided your address to the AMSS.

Persons who supply the AMSS with their telephone numbers on-line will only receive telephone contact from the AMSS with information regarding orders they have placed on-line.

The AMSS does not partner with or have special relationships with any Ad Server companies.

Upon request the AMSS provides site visitors with access to all information (including proprietary information) that the AMSS maintain about them. Consumers can access this information by contacting the AMSS.

Consumers may have this information corrected by contacting the AMSS.

The AMSS has appropriate security measures in place within physical facilities to protect against the loss, misuse or alteration of information that the AMSS has collected from you on the AMSS website. In this regard, please observe the SSL certificate evidencing the guarantee of an independent party that the online payment service is secure.

If you feel that this site is not following its stated information policy, you may contact the AMSS.