Amigo Terms of Use

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

Licence Terms

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.

Moderation

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.

User Content

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.

Security

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.

Privacy

By using the App, the User agrees that Monash may collect data relating to the User’s usage of the App. This data will be stored and used only in accordance with Monash’s privacy policy.

We use cookies and location data to personalise content, to provide social media features and to analyse our traffic. For more information see Monash's Privacy Statement.

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.

3. Disclaimer

No warranties

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.

4. Miscellaneous

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.

Governing Law

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.

Waiver

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.