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Terms of Service

 

Last updated on: January 29, 2019

 

By signing up for, or using the StudentLocker services or any of the services of McCloud Consulting or its affiliates (“StudentLocker”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by StudentLocker under the Terms of Service include various products and services to help you manage or rent out lockers to Customers, whether online (“Online Services”), in person, or both. Any such services offered by StudentLocker are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.studentlocker.com.au/tems-of-service. StudentLocker reserves the right to update and change the Terms of Service by posting updates and changes to the StudentLocker website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement before you may become a StudentLocker user.

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1. Account Terms

 

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

  2. To access and use the Services, you must register for a StudentLocker account (“Account”) by providing your full legal name, phone number, a valid email address, and any other information indicated as required. StudentLocker may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

  3. You acknowledge that StudentLocker will use the email address you provide as the primary method for communication.

  4. You are responsible for keeping your password secure. StudentLocker cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

  5. You are responsible for all data entered into StudentLocker via the reservation form and the administration pages available to you.

  6. A breach or violation of any term in the Terms of Service, as determined in the sole discretion of StudentLocker will result in an immediate termination of your services.

 

2. Account Activation

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2.1 StudentLocker Account

 

  1. Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

 

3. General Conditions

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You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, before you may become a user of StudentLocker.

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  1. Technical support is only provided to paying Account holders and is available via email and via phone.

  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the New South Wales and the laws of Australia applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the New South Wales with respect to any dispute or claim arising out of or in connection with the Terms of Service

  3. You acknowledge and agree that StudentLocker may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on StudentLocker’s website, available at https://www.studentlocker.com.au/tems-of-service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to StudentLocker’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

  4. You may not use the StudentLocker service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Australia and New South Wales. You will comply with all applicable laws, rules and regulations in your use of the Service.

  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by StudentLocker.

  6. Questions about the Terms of Service should be sent to support@StudentLocker.com.au

  7. ou understand that your data (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

  8. You acknowledge and agree that your use of the Service, including information transmitted to or stored by StudentLocker, is governed by its privacy policy at https://www.studentlocker.com.au/privacy-statement

 

4. StudentLocker Rights

 

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

  2. We reserve the right to refuse service to anyone for any reason at any time.

  3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any StudentLocker customer, StudentLocker employee, member, or officer will result in immediate Account termination.

  4. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that StudentLocker employees and contractors may also be StudentLocker customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

  5. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

  6. StudentLocker retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, StudentLocker reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

 

5. Limitation of Liability

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  1. You expressly understand and agree that StudentLocker shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

  2. In no event shall StudentLocker or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, StudentLocker partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

  4. StudentLocker does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

  5. StudentLocker does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

  6. StudentLocker does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

 

6. Waiver and Complete Agreement

 

The failure of StudentLocker to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and StudentLocker and govern your use of the Service, superseding any prior agreements between you and StudentLocker (including, but not limited to, any prior versions of the Terms of Service).

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7. Intellectual Property and Customer Content

 

We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.​

 

8. Payment of Fees

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You will pay the Fees applicable to your subscription to the Service.

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  1. If you agreed with StudentLocker to collect locker rental fees on your behalf, you agreed that StudentLocker will deduct its fees, as agreed, from your fees before remitting rental fees to you via electronic funds transfer or otherwise.

  2. If you agreed with StudentLocker not to collect rental fees on your behalf, StudentLocker will invoice you for the subscription. Invoices will be payable via electronic funds transfer within the period as agreed in the payment terms.

 

9. Cancellation and Termination

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  1. You may cancel your Account at anytime by emailing support@StudentLocker.com.au and then following the specific instructions indicated to you in StudentLocker’s response.

  2. Upon termination of the Services by either party for any reason:

  3. StudentLocker will cease providing you with the Services and you will no longer be able to access your Account;

  4. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

  5. outstanding balance owed to StudentLocker for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

  6. your reservation form will be taken offline.

  7. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

  8. We reserve the right to modify or terminate the StudentLocker Service or your Account for any reason, without notice at any time.

  9. Fraud: Without limiting any other remedies, StudentLocker may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

 

10. Modifications to the Service and Prices

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  1. Prices for using the Services are subject to change upon 30 days’ notice from StudentLocker. Such notice may be provided at any time by posting the changes to the StudentLocker Site (StudentLocker.com.au) and or by email to you.

  2. StudentLocker reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

  3. StudentLocker shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

11. Third Party Services

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  1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, StudentLocker’s partners or other third parties.

  2. We do not provide any warranties with respect to Third Party Services. You acknowledge that StudentLocker has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. 4

  3. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. StudentLocker is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.

  4. Under no circumstances shall StudentLocker be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if StudentLocker has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

  5. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, StudentLocker partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

 

12. Privacy & Data Protection

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StudentLocker is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that StudentLocker’s collection, usage and disclosure of this personal information is governed by our Privacy Statement.

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