Terms & Conditions

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This document was created using a Contractology template available at http://www.freenetlaw.com.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our EPIC’s use of cookies in accordance with the terms of EPIC’s privacy policy.

License to use website

Unless otherwise stated, EPIC and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

republish material from this website (including republication on another website);

sell, rent or sub-license material from the website;

show any material from the website in public;

reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

edit or otherwise modify any material on the website; or

redistribute material from this website (except for content specifically and expressly made available for redistribution).

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without [NAME’S] express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without [NAME’S] express written consent.

Restricted access

Access to certain areas of this website is restricted. EPIC reserves the right to restrict access to other areas of this website, or indeed this entire website, at EPIC’s discretion.

If EPIC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

EPIC may disable your user ID and password in EPIC’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to EPIC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to EPIC the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or EPIC or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

EPIC reserves the right to edit or remove any material submitted to this website, or stored on EPIC’s servers, or hosted or published upon this website.

[Notwithstanding [NAME’S] rights under these terms and conditions in relation to user content, [NAME] does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  [NAME] makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, [NAME] does not warrant that:

this website will be constantly available, or available at all; or

the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any (legal, financial or medical) matter you should consult an appropriate professional.

Limitations of liability

EPIC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if EPIC has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit [NAME’S] liability in respect of any:

death or personal injury caused by [NAME’S] negligence;

fraud or fraudulent misrepresentation on the part of [NAME]; or

matter which it would be illegal or unlawful for [NAME] to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, EPIC has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against EPIC’s officers or employees in respect of any losses you suffer in connection with the website.]

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect EPIC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as EPIC.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify EPIC and undertake to keep EPIC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by EPIC to a third party in settlement of a claim or dispute on the advice of EPIC’s legal advisers) incurred or suffered by [NAME] arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to EPIC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, EPIC may take such action as EPIC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

EPIC may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

EPIC may transfer, sub-contract or otherwise deal with EPIC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and EPIC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Australian law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Australia.

Donations General Terms

Donations to EPIC of $2 and over may be tax deductible. This will be identified on your tax receipt.  When donating to EPIC, you will be directed to a secure payment gateway.

Your donation/purchase details, personal details and credit card details for payment will be collected and used in accordance with EPIC’s Privacy Policy.

Disputes and Refunds
All complaints, grievances and disputes will be treated seriously, quickly and in a timely manner, having due regard to procedural fairness and confidentiality. All parties are asked to participate in the dispute resolution process in good faith. If you believe that there has been an error with your donation, you should notify us directly on 03 9466 9022 and confirm that notice in writing or by email at epic@rmit.edu.au  as soon as possible so that we can resolve your query in a timely manner. Any issues should be directed to EPIC in the first instance so that we can attempt to resolve the matter. If you are not satisfied with the outcome you can still refer it to your financial institution which will obtain details of the disputed transaction and may lodge a claim on your behalf.

Monthly Donations

Your obligations
It is your responsibility to ensure that there are sufficient clear funds available in your account. You should check your account statement to verify that the amounts debited from your account are correct.

Changes and Cancellations
We may vary details of your agreement or a direct debit request at any time by giving you at least 14 days written notice.

If you wish to cancel, defer or alter a debit payment you must notify us by calling 03 9466 9022 at least 14 days before the next donation day.

Please provide details of your donation agreement, such as name, address, etc. for ease of processing.

Online shopping general terms and methods of payment

All website orders must be paid by VISA, MasterCard, American Express or Diners Club. The cost of recovering any default of payments will be borne by the customer. The goods remain the property of EPIC until full payment is received.

Prices are quoted in Australian dollars.

All prices are correct at the time of online publication. Prices are subject to change without notice. We reserve the right to rectify prices quoted in the invoice, if found to be incorrect.

The cost of delivery of EPIC products purchased by you will be calculated at the time the product is ordered and will be incorporated into the final price of the product.

Delivery – products

Please note that orders within Australia are sent via Australian Post. All Australian orders should include a daytime delivery address and contact details.

International orders are sent by standard Post unless otherwise requested. Additional charges may apply.

Delivery delays

All items are promoted in good faith to be available at the time of ordering. Unforeseen supply problems or unexpected demand may occasionally result in stock being unavailable. Should there be a delay in dispatching your order we will contact you to advise you of the reason for the delay.

Returns and refunds

Please contact us for refunds and returns by phone on 03 9466 9022 or email epic@rmit.edu.au  before returning goods.

Goods returned must be in their original packaging.

Any claim for incorrect shipment, faulty or damaged goods on delivery, must be made within five (5) working days of receipt of goods.

Goods will be accepted for credit or replacement at the sole discretion of EPIC. Delivery and packaging charges are not refundable unless as a result of EPIC’s error.

Feedback and complaints handling procedure

EPIC welcomes feedback and attends to all complaints promptly. Please call 03 9466 9022 or email epic@rmit.edu.au .

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EPIC acknowledges the Wurrundjeri people of the Kulin Nations as the traditional owners of the land on which EPIC stands.