TERMS AND CONDITIONS
MELBOURNE SHWETAMBAR JAIN SANGH WEBSITE USAGE - TERMS AND CONDITIONS
The term Melbourne Shwetambar Jain Sangh Inc; MSJS; or ‘us’ or ‘we’ refers to the owner of the website whose registered office is at 3 Rice Street, Moorabbin, Victoria, Australia. Our ABN is 28 141 874 836. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
The information contained in this website is for general information purposes only. The information is provided by Melbourne Shwetambar Jain Sangh and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Melbourne Shwetambar Jain Sangh. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Melbourne Shwetambar Jain Sangh takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
This website and its content is copyright of Melbourne Shwetambar Jain Sangh Inc. - All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
ACCEPTABLE INTERNET USE POLICY
Use of the internet by employees of Melbourne Shwetambar Jain Sangh is permitted and encouraged where such use supports the goals and objectives of the Sangh.
However, Melbourne Shwetambar Jain Sangh has a policy for the use of the internet whereby employees must ensure that they:
- comply with current legislation
- use the internet in an acceptable way
- do not create unnecessary business risk to the company by their misuse of the internet
In particular the following is deemed unacceptable use or behaviour by employees:
- visiting internet sites that contain obscene, hateful, pornographic or otherwise illegal material
- using the computer to perpetrate any form of fraud, or software, film or music piracy
- using the internet to send offensive or harassing material to other users
- downloading commercial software or any copyrighted materials belonging to third parties, unless this download is covered or permitted under a commercial agreement or other such licence
- hacking into unauthorised areas
- publishing defamatory and/or knowingly false material about Melbourne Shwetambar Jain Sangh, your colleagues and/or our community members on social networking sites, ‘blogs’ (online journals), ‘wikis’ and any online publishing format
- revealing confidential information about Melbourne Shwetambar Jain Sangh in a personal online posting, upload or transmission - including financial information and information relating to our customers, business plans, policies, staff and/or internal discussions
- undertaking deliberate activities that waste staff effort or networked resources
- introducing any form of malicious software into the network
COMPANY-OWNED INFORMATION HELD ON THIRD-PARTY WEBSITES
If you produce, collect and/or process business-related information in the course of your work, the information remains the property of Melbourne Shwetambar Jain Sangh. This includes such information stored on third-party websites such as data base warehouses, server providers and social networking sites, such as Facebook and LinkedIn and Twiter.
Melbourne Shwetambar Jain Sangh accepts that the use of the internet is a valuable communication and operational tool. However, misuse of this facility can have a negative impact upon employee productivity and the reputation of the Sangh.
In addition, all of the Sangh’s internet-related resources are provided for community purposes. Therefore, the Sangh maintains the right to monitor the volume of internet and network traffic, together with the internet sites visited. The specific content of any transactions will not be monitored unless there is a suspicion of improper use.
Where it is believed that an employee has failed to comply with this policy, they will face the Sangh’s disciplinary procedure. If an employee is found to have breached the policy, they will face a disciplinary penalty ranging from a verbal warning to dismissal. The actual penalty applied will depend on factors such as the seriousness of the breach and the employee's disciplinary record.
All Melbourne Shwetambar Jain Sangh employees, contractors or temporary staff who have been granted the right to use the company's internet access are required to sign an agreement confirming their understanding and acceptance of this policy.
ACCEPTABLE EMAIL USE POLICY
Use of email by employees of Melbourne Shwetambar Jain Sangh is permitted and encouraged where such use supports the goals and objectives of the business.
However, Melbourne Shwetambar Jain Sangh has a policy for the use of email whereby the employee must ensure that they:
- comply with current legislation
- use email in an acceptable way
- do not create unnecessary risk to the Sangh by their misuse of the internet
The following behaviour by an employee is considered unacceptable:
- use of company communications systems to set up personal businesses or send chain letters
- forwarding of company confidential messages to external locations
- distributing, disseminating or storing images, text or materials that might be considered indecent, pornographic, obscene or illegal
- distributing, disseminating or storing images, text or materials that might be considered discriminatory, offensive or abusive, in that the context is a personal attack, sexist or racist, or might be considered as harassment
- accessing copyrighted information in a way that violates the copyright
- breaking into the Sangh’s or another organisation’s system or unauthorised use of a password/mailbox
- broadcasting unsolicited personal views
- transmitting unsolicited commercial or advertising material
- undertaking deliberate activities that waste staff effort or networked resources
- introducing any form of computer virus or malware into the corporate network
Melbourne Shwetambar Jain Sangh accepts that the use of email is a valuable tool. However, misuse of this facility can have a negative impact upon employee productivity and the reputation of the Sangh.
In addition, all of the Sangh’s email resources are provided for community purposes. Therefore, the Sangh maintains the right to examine any systems and inspect any data recorded in those systems.
In order to ensure compliance with this policy, the Sangh also reserves the right to use monitoring software in order to check upon the use and content of emails. Such monitoring is for legitimate purposes only and will be undertaken in accordance with a procedure agreed with employees.
Where it is believed that an employee has failed to comply with this policy, they will face the company's disciplinary procedure. If the employee is found to have breached the policy, they will face a disciplinary penalty ranging from a verbal warning to dismissal. The actual penalty applied will depend on factors such as the seriousness of the breach and the employee's disciplinary record.
All company employees, contractors or temporary staff who have been granted the right to use the company’s email services are required to sign this agreement confirming their understanding and acceptance of this policy.
- If you upload or otherwise provide any information or content (Content) in the course of accessing or using the Website, you agree that such Content will be available to Melbourne Shwetambar Jain Sangh to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation. You agree that the Content may be viewed by other users of the Website and you authorise Melbourne Shwetambar Jain Sangh to make such copies and amendments of the Content as Melbourne Shwetambar Jain Sangh deems to be necessary at its sole and absolute discretion, in order to facilitate the posting and storage of the Content on the Website. You are responsible for any Content you post on the Website.
- You represent and warrant that you will not upload or otherwise provide any Content (including links to other websites or images), or engage in any behaviour, which:
- is inappropriate, inaccurate, profane, defamatory, fraudulent, unlawful, threatening, inflammatory, inciting hatred, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, or degrading;
- infringes the intellectual, moral or other proprietary interests of third parties;
- impersonates another person or entity, attempts to solicit personal information from another user, includes material which contains commercial advertising otherwise promoting yourself, your website or your products, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Melbourne Shwetambar Jain Sangh considers to be inappropriate;
- violates any law, statute or regulation;
- forges information to disguise the origin of any Content; and
- encourages or incites any other person to engage in any of the above behaviour.
- You agree to grant Melbourne Shwetambar Jain Sangh a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in Melbourne Shwetambar Jain Sangh’s favour.
- If you find any Content that breaches these Terms, please contact Melbourne Shwetambar Jain Sangh, who will then make a decision in relation to whether or not the Content is to be removed.
- You agree that you will not use the Website to:
- harvest or collect email addresses or other contact information from other users;
- threaten or harass anyone;
- invade anyone's privacy;
- disrupt other users' enjoyment of the Website;
- in any unlawful manner or in any other manner that could damage, overburden or impair the Website.
- In the event that it is discovered that you have breached these Terms, you understand that Melbourne Shwetambar Jain Sangh may, without limiting its other rights and remedies available at law:
- suspend or terminate your access to the Website; or
- in the event that such breach is illegal, notify the proper authorities and make available to them any Content provided by you.
- You must not establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of Melbourne Shwetambar Jain Sangh.
- The Website may contain a link to a content provider's website (Third Party Website). In the event that you enter a Third Party Website via the Website, you immediately become subject to that Third Party Website's privacy policies and any other terms and conditions contained therein. The linking to a Third Party Website from the Website does not constitute endorsement by One Community of any material set out in the Third Party Website, or any associated organisation, product or service.
- Unless indicated otherwise, all intellectual property in the information, text, material, graphics, software, advertisements and other material on the Website is owned or licensed by Melbourne Shwetambar Jain Sangh. Subject to these conditions of use, Melbourne Shwetambar Jain Sangh grants to you a non-exclusive and non-transferable limited licence to view, download and use information directly accessible through the Website, in accordance with these Terms.
- You agree that, subject to your use of the Website in accordance with the limited licence granted to you, you will not infringe Melbourne Shwetambar Jain Sangh’s intellectual property in the Website and will not modify, copy, reproduce, upload to a third party, post, transmit, republish, frame, distribute or communicate any part of the Website or any information or Content contained in it or otherwise use the Website in a way which will infringe Melbourne Shwetambar Jain Sangh’s intellectual property or other rights.
- Any trademarks displayed on the Website belong to their respective owners and nothing in this Agreement or contained in the Website is to be construed as granting any licence or right of use of any trademark displayed on the Website without the express prior written approval of Melbourne Shwetambar Jain Sangh or the owner of the trademark.
- Except as provided by law, the Website is provided "as is" and without any warranty or condition, express or implied.
- Melbourne Shwetambar Jain Sangh does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses. Melbourne Shwetambar Jain Sangh does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of Melbourne Shwetambar Jain Sangh’s control. Melbourne Shwetambar Jain Sangh does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website. Nothing on this website constitutes legal advice or any other kind of advice of any kind.
- Subject to the provisions of the Trade Practices Act 1974, Melbourne Shwetambar Jain Sangh makes no representations or warranties in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). Melbourne Shwetambar Jain Sangh makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Melbourne Shwetambar Jain Sangh which are or may become linked or framed to or from the Website.
- Notwithstanding any confirmation by a content provider to the contrary, Melbourne Shwetambar Jain Sangh does not warrant or represent that any information contained in or accessible through the Website is accurate and/or current. You should make your own enquiries before entering into any transaction based on the content contained on the Website.
LIMITATION OF LIABILITY
- You agree that Melbourne Shwetambar Jain Sangh is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, punitive, special or consequential loss) arising as a result of breach of these terms, in tort (including negligence) or otherwise arising out of, or in connection, with:
- the use of the Website;
- the use by Melbourne Shwetambar Jain Sangh of information provided by you to Melbourne Shwetambar Jain Sangh through the Website;
- being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
- the use of your Website password by you or any third party to whom you have made the password available.
- Melbourne Shwetambar Jain Sangh expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Melbourne Shwetambar Jain Sangh’s sole discretion):
- in the case of goods, any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the payment of the costs of replacing the goods or of acquiring equivalent goods; or
- the payment of the costs of having the goods repaired; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- You indemnify Melbourne Shwetambar Jain Sangh against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any clause of these Terms; or
- any breach or inaccuracy in any representations or warranties made to Melbourne Shwetambar Jain Sangh.
BREACH AND TERMINATION
- If you breach any provision of these Terms, Melbourne Shwetambar Jain Sangh may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.
CHOICE OF LAW AND USE OF WEBSITE
- These Terms are to be governed by the laws of the State of Victoria, Australia. By accessing or otherwise using this Website, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. Melbourne Shwetambar Jain Sangh has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia. The Website is available only to people in Australia who can form legally binding contracts under applicable law.