Terms of Use

This Web Site is owned and operated by Campus Living Villages Pty NZ Limited (CLV). In using this Web Site, you agree to be bound by these terms and conditions (Terms of Use). If you do not accept these Terms of Use, you must refrain from using the Web Site. 

These Terms of Use must be read in conjunction with any other applicable terms, conditions and notices governing the use of this Web Site. CLV may change the Terms of Use at any time. Your continued use of the Web Site after any change constitutes your acceptance of the change. Since you are bound by these Terms of Use, we recommend that you regularly refer to them. If you violate these Terms of Use, CLV reserves the right to take appropriate legal action against you (including injunctive or other equitable relief).

Disclaimer

CLV does not promise that the Web Site will be error-free or uninterrupted. The Web Site and its content are delivered on an "as-is" and "as-available" basis. CLV can not ensure that files you download from the Web Site will be free of viruses or contamination or destructive features. CLV disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. CLV makes no guarantee of any specific result from use of this Web Site.

CLV disclaims any and all liability for the acts, omissions and conduct of any third party users, CLV users, contributors to the Web Site, and advertisers or sponsors, related to your use of the Web Site in any way. CLV is not responsible for the products, services, advice, actions or failure to act of any designer, prospective employer or other third parties in connection with or referenced on the Web Site.

Where the information made available over the Web Site contains opinions or judgements of third parties (including designers, marketing companies, and other contributors referenced or featured on the Web Site), CLV does not purport to endorse the contents of that opinion or advice, and will not accept liability for loss or damage caused by your reliance upon any information obtained through this service.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Web Site to CLV at info@clv.com.au. CLV may investigate the claim and take appropriate action, in its sole discretion.

Limitation of Liability

Except in jurisdictions where such provisions are restricted, in no event will CLV be liable to you for any direct, indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with your access to or use of this Web Site, or any linked Web Site, including lost opportunity or profits, even if CLV has been advised of the possibility of such damages. 

Indemnity

You agree to indemnify and hold CLV, its subsidiaries, affiliates, officers, agents, contractors and other partners and employees, harmless from any loss (including indirect or consequential loss), liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Web Site, including also your use of the Web Site to provide a link to another site or to upload content or other information to the Web Site.

Intellectual Property

Copyright in this Web Site (including text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by CLV. Information procured from a third party may be the subject of copyright owned by that third party.

Other than for the purposes of personal use, and subject to the conditions prescribed under, the Copyright Act 1993and similar legislation which applies in your location, and except where expressly stated, you may not in any form or by any means:

• adapt, modify, download, reproduce, distribute, publicly display, perform, publish, create derivative works or otherwise publicly make available any part of this Web Site; or
• commercialise or exploit any information, products or services obtained from any part of this Web Site,

without CLV’s written permission or, in the case of third party material, from the owner of the copyright in that material. Unless CLV agrees otherwise in writing, you are provided with access to this Web Site only for your personal use and review. You are authorised to listen, view, retrieve, personally store and print a copy of any information contained on this Web Site for your personal use, unless expressly prohibited by CLV. Without limiting the foregoing, you may not without written permission from CLV on-sell information obtained from this Web Site.

 User-generated Content

 You warrant that you are the owner of, or are licensed to use, all intellectual property rights in content you submit to the Web Site. Users who submit content to this Web Site, whether articles, images (moving and still), graphics, sound, stories, software or other copyrightable material, consent to CLV acting as royalty-free, non-exclusive world-wide licensee of the intellectual property subsisting in the material to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform & display on any media platform and by any means.

CLV will use reasonable endeavours to inform you prior to making any subsequent or additional reproductions and public displays of your submitted content apart from the Web Site, but in the event that this is impracticable, you acknowledge that by accepting these Terms of Use, you grant us the foregoing rights.

Notwithstanding its right to supervise, CLV has no obligation whatsoever to monitor user-generated content and accepts no responsibility or liability for the content submitted. You must ensure that the content you upload does not infringe the copyright, moral or other rights of third parties (such as privacy or publicity rights), and you agree to indemnify CLV against any third party claim it suffers as a result of your use of the Web Site in breach of this clause.

Visitors to the Web Site who believe their intellectual property rights (including, but not limited to, copyright) are being infringed can contact CLV with any concern at info@clv.com.au.

Permitted Use

These Terms of Use entirely replace any implied licence terms that might otherwise apply to the material on this Web Site. CLV explicitly prohibits use of the material on this Web Site in any manner other than as expressly licensed in these Terms of Use.

With regards to your use of or participation in any interactive facility on the Web Site, you agree that:

• you are legally responsible for all content you submit;
• CLV retains the right to edit, delete or refuse to publish any content or material in its sole discretion, and without attribution or authorship, or by bearing false authorship or by modifying or altering the material even if such modification may otherwise constitute derogatory treatment of the material;
• under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
• CLV may notify and or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Web Site, including providing any and all information about you held by CLV (whether of a personal nature or otherwise), to those entities;
•  you will not:

a) post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including content that is ‘Objectionable’ as defined in the Films, Videos, and Publications Classification Act 1993), or any material in contempt of any court or parliament, or encourage any other person to do so;

b) post or transmit false or misleading material or make any form of misleading or deceptive representation;

c) knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other corruptible material;

d) exploit the Web Site or any functionality provided by the Web Site for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements or “spam” or any other means that is contrary to the commercial or lawful interests of CLV);

e) provide access or links to any computer files that contain material which may infringe the intellectual property rights of another person; or

f) delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Web Site; and

• at the request of CLV you agree to do all things necessary and desirable, either to give effect to these Terms of Use or to help CLV comply with all regulatory directions and obligations.

Linked Web Sites

The Web Site may reference or link to third party sites on the internet. CLV has no control over these sites or the content within them. CLV cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive.

CLV does not endorse the content of any third party site, nor does it warrant that they will not contain viruses or otherwise impact your computer. By using the Web Site to search for or link to another site, you agree and understand that you may not make any claim against CLV for any damages or losses, whatsoever, resulting from your use of the link to another site. CLV does not represent that it is affiliated with the third party site owners or operators or that it has approval to display the links.

Owners or operators of third party sites linked to the Web Site can contact CLV at info@clv.com.au to request the removal of the link from the Web site. You must not create or maintain any link from another website to this Web Site without our written consent.

Electronic communications

You consent to receiving communications from CLV electronically and you agree that all agreements, notices, disclosures and other communications that CLV provides to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by CLV (or on CLV’s behalf) for any purposes described in CLV’s Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

Privacy Policy

These Terms of Use must be read in conjunction with CLV's Privacy Policy. The terms of CLV’s Privacy Policy can be viewed on the Web Site. You consent to your personal information being used and/or disclosed for any reasons given to you by CLV in relation to the collection, use and disclosure of your personal information. For example, you consent to CLV using and disclosing your personal information for the purposes of sending updated information and other promotional material to you.

Consumer Guarantees Act

Where you acquire services supplied under these Terms of Use for the purposes of a business you acknowledge and agree that the guarantees provided under the Consumer Guarantees Act 1993 do not apply. Nothing in these Terms of Use is intended to avoid the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded, and these Terms of Use shall be modified to the extent necessary to give effect to that intention.

Governing Law

These Terms of Use are governed by and shall be construed in accordance with the laws of New Zealand. The courts of New Zealand shall have jurisdiction to hear and determine any dispute arising in relation to these Terms of Use and the parties agree that the courts of New Zealand are a convenient forum for such purpose.

Privacy policy

View the Campus Living Villages Privacy Policy