Last Updated: 21 June 2019
The aMigo application (“aMigo”) is owned and operated by Monash University (ABN 12 377 614 012), a body corporate constituted in accordance with the Monash University Act 2009 (Vic) of Wellington Road, Clayton, Victoria 3800 (“Monash”). By using the aMigo application, you (“You” or “User”) are deemed to accept the terms and conditions set out below. Please read these terms carefully and contact the aMigo team if you have any questions.
1. Use of aMigo
You are granted a free, non-exclusive, revocable, non-transferable licence to access and use the aMigo app upon receiving an invitation to do so from Monash.
Compliance with Law, Regulation and Policy
You are responsible for all material you post or otherwise communicate through aMigo. While using aMigo you must comply with all relevant civil and criminal laws and regulations. Furthermore, you must comply with all applicable Monash student policies and with the aMigo community guidelines.
Monash reserves the right to moderate all content posted on or communicated through aMigo, including but not limited to deletion of content which breaches the law, Monash policy and/or the aMigo community guidelines.
For the purposes of moderation, Monash may access all content you may post within the App including content which is expressed as being confidential from some or all other users.
2. Intellectual Property and Privacy
Ownership of App
You acknowledge and accept that all intellectual property rights in the App are owned by Monash and that You do not acquire any right, title or interest in the App pursuant to these terms and conditions or through your use of the App.
No Interference With App or Data
You must not attempt to modify, adapt, decompile, reverse engineer, hack or otherwise compromise the App or any data belonging to other Users or seek to circumvent any security feature of the App. You must not engage in crawling, scraping, caching or otherwise accessing or downloading any user Content from the app via automated means.
Users retain copyright in their own contributions within the aMigo App and Monash makes no claim to ownership of copyright in these contributions. The User hereby grants Monash a licence to all the User’s copyright contributions within the aMigo App for the purposes of hosting and communicating those contributions within the App.
You must not post within the aMigo app any material for which the copyright is owned by a third party unless you have the permission of the copyright owner.
You are responsible for ensuring that you are the only person who uses your aMigo account and password and maintaining the security of the password. You must notify the aMigo team immediately if you have reason to believe your password security has been compromised.
To the extent that the European Union’s General Data Protection Regulation (2016/679) (GDPR) is applicable to any of the User’s personal data (as that term is defined in the GDPR) which is collected by Monash pursuant to these terms, then to the extent that the GDPR obligations exceed Monash’s other privacy obligations under these terms, Monash will comply with the GDPR with regards to the User’s personal data. For more information, please see Monash's policy on the GDPR.
Monash makes no express or implied warranties or representations with respect to the aMigo app including without limitation, any implied warranties of merchantability, non infringement, security or fitness for a particular purpose. All statutory warranties including but not limited to the warranties under the Australian Consumer Law, are excluded to the extent legally permissible.
Monash makes no representation that the operation of the aMigo app will be uninterrupted or error-free, that aMigo will be accessible from all locations or on all devices, or that the aMigo app will receive any given updates, new features or support. Monash will not be liable for the consequences of any inaccessibility, interruptions, errors, security breaches or lack of support. Monash may change, restrict access to, suspend or discontinue the App or any part of it at anytime.
Monash makes no warranty as to the content published by the User or other users through the App. All such content is the responsibility of the user who posts it.
Monash is not responsible for the content of any web site linked from within the App whether by other users of the App or by Monash staff, nor is such a link an endorsement by Monash of the linked site or any content thereof.
Limit of liability
To the extent permissible under applicable law, in no event will Monash be liable to the User or any third party for: (i) any indirect, consequential, special, exemplary or punitive damages or loss of profits, inability to use the App or any services or applications; or (ii) any amounts in excess of $1,000.
Amendment to Terms
These terms may be amended by Monash at any time. Amendments will be effective from the date on which the terms and conditions are updated to include the amendments, and are accepted by the User upon using the aMigo application after the update.
This Agreement is governed by and must be construed in accordance with the laws of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to determine appeals from those courts with respect to any proceedings which may be brought at any time relating in any way to this Agreement.
Failure of Monash to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that Monash may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof.
Severance of Invalid Terms
In the event that any provision of these Terms and Conditions is found invalid or unenforceable, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
5. End of Licence
End of Licence
Monash may terminate your licence to access aMigo at any time at Monash’s sole discretion. Please be aware that aMigo is intended for the use of new Monash students and that most users’ access will be terminated within one semester and all content posted by those users will be deleted. You acknowledge and accept this will take place.
Monash will use reasonable efforts to notify You in advance prior to terminating your access to aMigo and deletion of content you have posted within the App.
aMigo is dedicated to the safety and security of all users. To ensure that all members of the aMigo community stay safe and happy, all users must comply with the following guidelines while using aMigo:
- Do not discriminate against other users.
- Discrimination is defined as treating a person or a particular group of people differently from the way in which you treat other people, on the basis of their sex, race, sexuality, religion etc.
- Discriminatory behaviour includes but is not limited to derogatory or discriminatory remarks, posting material which discriminates against a member or members of the community or posting hate speech.
- Do not swear, use inappropriate language, or in any other way antagonise other users.
- Antagonistic behaviour includes but is not limited to defaming, abusing, harassing, stalking or threatening other users.
- Do not post, or link to inappropriate photos.
- Do not post, or link to misleading, false or unlawful material.
- Respect privacy laws.
- Do not post any individual’s personal details (including address, phone number, financial details etc). This includes your own personal details and the details of any other individual, including those who are not signed up to aMigo.
- Do not post, or link to any solicitation, junk mail or spam.
- For ease of understanding and socialising between all aMigo users, we encourage students to use English in aMigo.
- Respect other users at all times. Before you post something, think about how it will make others feel.
- Think before you post. Remember, what you say and do on social media is not private. Comments can be forwarded or copied. Archives save information even if you delete a post. If you feel angry or passionate about something, wait until you feel calm and composed before posting about it. A useful rule of thumb is to wait 24 hours before acting. Before you post anything, ask yourself: would I be comfortable sharing this with the general public (including your parents, grandparents teachers and employers)?
- Correct your mistakes. If you make a mistake, admit it. Be upfront about what you’ve done wrong, and quickly correct it.
aMigo’s moderators will monitor all activity on the app to ensure these guidelines are followed at all times. Any user who violates these guidelines will be reported and blocked from aMigo. Further disciplinary action may be taken by Monash University.
If you are concerned that another user has violated these guidelines, or if you have a question about whether or not you should post something on aMigo, please contact a moderator and they will be able to help you. Alternatively, contact us via: