1.1 This website (www.spiible.com) (the Spiible Website) and the services made available to you through it (the Spiible Services), are provided by Spiible Pty Ltd (ACN 601 981 364), a proprietary limited corporation domiciled in the state of Victoria, Australia.
1.2 By accessing or using the Spiible Website or any of the Spiible Services, you signify that you have read and agree to be bound by our Terms and Conditions, incorporating:
1.3 We may revise any part or all of our Terms and Conditions at any time without notifying you first, but we will post the revised Terms and Conditions on the Spiible Website. You should therefore check back and review our Terms and Conditions regularly to ensure that you still agree to be bound by them. Your continued access and use of the Spiible Website or any of the Spiible Services will otherwise be taken as your agreement to be bound by our Terms and Conditions as modified from time to time.
1.5 If you do not agree with our Terms and Conditions, you must not continue to access or use the Spiible Website or any of the Spiible Services, request the deletion of your Spiible Website Account, and must immediately delete or refrain from accessing the Spiible Website.
1.6 Our Terms and Conditions were last updated on Thursday, 3 December 2015.
2.1 The following definitions apply throughout all our Terms and Conditions documents unless we say otherwise:
Contribute(d) means to upload, post, transmit, communicate or otherwise make available online.
Contributor(s) means a user that has a Spiible Website Account who has Contributed Material to the Spiible Website.
Material(s) includes text, graphics, video or film and any associated text, graphics, images, photos, sound recordings, music, software or other multimedia or interactive components and other related material which are a part of Spiible Website and Spiible Services.
Platform means any application built to function through Internet communication protocols, including the reporting of information within the Spiible Website to its users, bulletin boards, the World Wide Web, internet blogs, forums, and social media networks, or any such Platforms developed in the future.
Promotions means functions, events, offers, competitions or other activities that are conducted outside the Spiible Website by others but which are promoted, advertised, or sponsored by us.
3. What you can do through the Spiible Website
3.1 Through the Spiible Website, you can:
(a) access, view, download, link, embed and/or share the Material or Material Contributed by others to the Spiible Website for your own private and domestic (that is, non-commercial) use as permitted by our Terms and Conditions;
(c) enquire about our services through the “Contact Us” facility on the Spiible Website.
4. What you cannot do through the Spiible Website
4.1 You must not do, or attempt to do, or assist anyone to do any of the following:
(a) access, view, download, link, embed, or share Material or otherwise (the Spiible Website Actions) unless through the functionality provided through the Spiible Website and/or any Spiible Services designed for those purposes.
(b) change, modify, add to, remove, deface, hack, reverse-engineer, tunnel into, circumvent, disable, or otherwise interfere with the operation of, the Spiible Website or the Spiible Services or any aspect of them.
(c) use any data mining tools, robots, webcrawlers or any other similar data gathering and extraction devices or applications on or in relation to the Spiible Website, the Spiible Services or any Material.
(d) remove any notices or markings applied or attached to, or contained on or in the Spiible Website, any Spiible Services or any Material
(e) use any automated system to access the Spiible Website, any Spiible Services, or any Material, in a way that sends requests to hosting servers more frequently than any reasonable person could produce using a conventional web browser.
(f) modify, build on, block or interfere with any portion or function of any Spiible Services designed to allow access to, or functions for viewing, downloading and/or sharing of Material.
4.2 You must not use, or authorise others to use, the Spiible Website, the Spiible Services or any Material:
(a) if using them or authorising their use will cause you or the persons authorised by you to breach any laws or regulations applying to you.
(b) to transmit (or authorise the transmission of) "junk mail," "chain letters”, unsolicited emails, instant messaging, or "spamming".
(c) to harvest information about others that can be used to identify them personally.
(d) to impersonate any person or entity.
(e) to solicit money, passwords or personal information from any person.
(f) to harm, abuse, harass, stalk, threaten or otherwise offend others.
(g) to infringe the intellectual property rights or other rights of any person.
(h) for any unlawful purpose.
4.3 Except with our (and our licensors’, as the case may be) prior written approval and consent, you must not, and must not authorise others to:
(a) copy, reproduce, make available online, transmit, publish, adapt, distribute, broadcast, display, sell, license, or otherwise exploit the Spiible Website, the Spiible Services, or any Material for any purposes other than those permitted under our Terms and Conditions;
(b) sell access to the Spiible Website, the Spiible Services, or any Material;
(c) sell or promote any advertising, sponsorships or promotions opportunities within the Spiible Website, the Spiible Services, or any Material;
(d) sell or promote any advertising, sponsorships or promotions opportunities on any other website or Platform containing Material, except where that other website or Platform contains material not obtained from the Spiible Website and such material is of sufficient value to be considered as the basis for the sale of any advertising, sponsorships or promotions on that other website or Platform;
(e) use the Spiible Website, the Spiible Services, or any Material to establish, maintain or provide your own publications, website or other online service, or assist someone else to do any of those things;
(f) modify or copy the layout or functionality of the Spiible Website;
(g) use, as meta tags or other “hidden content”, any aspect of the Spiible Website or Spiible Services; or
(h) access, reproduce, store, distribute, adapt, alter or modify any software or code contained in or constituting the Spiible Website.
5. Your Spiible Website Account
5.1 To create an account with the Spiible Website (the Spiible Website Account), you will need to complete and submit the form made available for that purpose through the Spiible Website. If you are below 18 years of age, you may create a Spiible Website Account and access the Spiible Services only with the express consent and under the supervision of a parent or guardian.
5.2 On completing and submitting the appropriate form, we will issue you with a username (which either you chose, or is your e-mail address) and a password (which you have chosen). You will need to log into your account through the Spiible Website using this username and password to complete the account creation process.
5.3 Your Spiible Website Account will serve as our main point of contact with you, so you must ensure that your details are accurate and kept up-to-date.
5.4 While every effort will be made by the Spiible to keep your Spiible Website Account details secure from others, we cannot accept any responsibility for any loss or damage you suffer due to your lost, forgotten, shared or stolen access details. As you could be liable to the Spiible or others for any unauthorised use on your Spiible Website Account, you must also take care of your Spiible Website Account by:
(a) not sharing your access details (username and password) with anyone;
(b) regularly monitoring the activity on your Spiible Website Account; and
(c) reporting any unauthorised access or activity on your Spiible Website Account to the Spiible as soon as you become aware of it.
5.5 Your Spiible Website Account may be terminated for breaches of our Terms and Conditions.
6. Permission to use the Spiible Services
6.1 Once you have opened a Spiible Website Account, Spiible grants you permission to access and use the Spiible Services provided that you do not use the Spiible Services to Contribute Material to the Spiible Website that:
(a) is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the rights (including intellectual property rights) of others;
(b) bis, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(c) contains, promotes, or provides information about unlawful activities or conduct;
(d) exploits others in any manner;
(e) contains nudity, excessive violence, or sexual acts or references;
(f) includes an image of or personal information about other persons unless you have their consent;
(g) poses or creates a privacy or security risk to others;
(h) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
(i) contains large amounts of untargeted, unwanted or repetitive content;
(j) contains restricted or password only access pages, or hidden content;
(k) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or
(l) advertises, promotes or solicits any goods or services or commercial activities (except where we have expressly given you permission to do so).
7. Contributing Material
7.1 All Material is provided to you “AS IS” and Spiible does not accept responsibility for the accuracy, usefulness, safety or availability free of any intellectual property rights restriction of the Material.
7.2 Once you have obtained a Spiible Website Account, you may begin Contributing Material to the Spiible Website in the form of submitting reviews and comments concerning the educational institutions, education agents and migration agents, create and maintain updated your personal and/or institutional profile(s) and content, listed on the Spiible Website. In doing so, you understand and acknowledge that we do not guarantee the confidentiality of any Material you choose to Contribute.
7.3 You bear sole responsibility for all Material that you Contribute and for any consequences arising from your Contribution to the Spiible Website. Spiible is not responsible for, and accepts no liability with respect to, any Material Contributed to the Spiible Website by any person other than the Spiible.
7.4 You acknowledge that in Contributing Material to the Spiible Website, there are personal and reputational risks involved. We do not accept any responsibility for any personal or emotional injury that arises out of your or anyone else’s Contribution of Material to the Spiible Website.
7.5 By Contributing Material to the Spiible Website, you warrant that the Material does not breach any of our Terms and Conditions. In particular, you warrant that the Material you Contribute:
(a) will not infringe any legal rights (including any intellectual property rights);
(b) will not contain any Material that is Inappropriate (as defined below).
7.6 We reserve the right to, at our sole discretion:
(a) review, modify, reformat, reject or remove any Material which you Contribute that, in our opinion, violates our Terms and Conditions or otherwise has the potential to harm, endanger or violate the rights of any person;
(b) monitor your use of the Spiible Website and store or disclose any information that we collect in order to investigate compliance with our Terms and Conditions or for the purposes of any police investigation or governmental or regulatory request; and
(c) block access to, suspend or terminate your Spiible Website Account for any violation or repeat violation of our Terms and Conditions. You will have the right to protest our decision but no automatic reinstatement of your Spiible Website Account will occur unless you can prove that the violation or repeat violation was not your fault (for example, because someone else had unlawful access to your Spiible Website Account).
7.7 You acknowledge that other users of the Spiible Website will have the chance to contribute feedback in relation to any Material you Contribute which may be considered offensive, inappropriate, or which falls short of the standards outlined in our Terms and Conditions (Inappropriate). All content considered Inappropriate will be blocked and reviewed by us or our associated entities or companies. The Spiible Website is monitored and governed by the relevant law enforcement agencies and you should be aware that we work closely with these law enforcement agencies and we may be obliged to report Inappropriate Material.
7.8 You acknowledge that we may retain, but not display or distribute, server copies of your Materials that have been removed or deleted.
8. Rights in Materials
8.1 You must be able to prove beneficial ownership of your Material or illustrate that you own or have the necessary licenses, rights, consents, and permissions to publish that Material which you Contribute.
8.2 By Contributing Material to the Spiible Website, you unconditionally and irrevocably consent to any derogation of your moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in respect of the Material and grant to:
(a) us a non-exclusive, worldwide, royalty-free, perpetual and transferable licence (including the right to sub-licence) to use, reproduce, distribute, copy, display, publish, make available online or electronically transmit, edit and otherwise exploit the Material in any form for purposes of offering the Spiible Services on the Spiible Website.
(b) other users of the Spiible Website a non-exclusive, worldwide, royalty-free, perpetual and non-transferable licence to access your Material through the Spiible Website as permitted by our Terms and Conditions.
(c) other Spiible Website Account holders a non-exclusive, worldwide, royalty-free, perpetual and non-transferable licence to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Material as permitted by our Terms and Conditions.
The above licenses granted by you in respect of Material you Contribute terminate within a commercially reasonable time after your Spiible Website Account is terminated.
9. Intellectual Property Rights
9.1 All aspects of the Spiible Website, the Spiible Services and all Material, including all original text, information, photographs, artwork, graphics, logos, icons, images, illustrations, designs, plans, videos, animations, films, trade marks and trade names (Intellectual Property) featured on or applied to the Spiible Website, the Spiible Services and any Material is or may be:
(a) protected by international intellectual property laws relating to copyright, trade marks, designs, patents and other related intellectual property rights; and
(b) to the extent that that Intellectual Property originates from, or is used under license by, Spiible , our property, or the property of our licensors and used by us under licence from them.
9.2 Your use of the Spiible Website, the Spiible Services and any Material does not grant you any rights in respect of those things or any implied license for any purpose other than that specified under our Terms and Conditions. In particular, no express or implied right is granted for you to sell, license, transmit, exploit, use for the purposes of trade, reproduce or communicate to the public any aspect of the Spiible Website, the Spiible Services or any Material to any other person without obtaining our (or our licensors’) prior written permission to do so. We and our licensors reserve all rights not expressly granted to you in our Terms and Conditions in respect of the Spiible Website, the Spiible Services and any Material.
9.3 You acknowledge and agree that we own all right, title and interest, including without limitation all intellectual property rights, and all derivative works or enhancements thereof, relating to the Spiible Website and the Spiible Services, including but not limited to all text, information, photographs, artwork, graphics, logos, icons, images, illustrations, designs, plans, videos, animations, films, trade marks, trade names, content, reports, materials, products, services, URLs, software, technology, user guidelines and documentation, developed in whole or in part by, with or for us.
10 Advertising and Promotion
10.1 From time to time the Spiible Website, the Spiible Services, or certain aspects of them may contain:
(a) links to websites or services that are operated by others (Linked Websites) who are not under our control or influence. These Linked Websites usually have separate terms and conditions which we encourage you to be wary and take note of. By clicking on any Linked Websites, you acknowledge and agree that:
(i) we do not endorse the contents of, or have an association with the owners or operators of, these Linked Websites;
(ii) you leave the Spiible Website entirely at your own risk; and
(iii) we are not responsible for the contents, conduct of or practices adopted by any Linked Websites.
(b) advertising material originating from others, but in no way are we taken to be representing, recommending or endorsing the advertiser or its products or services being advertised unless we expressly say so.
10.2 From time to time, we may participate in Promotions. The Promotions will or should have separate terms and conditions which we encourage you to be wary and take note of. In choosing to participate in any Promotions, you acknowledge and agree that:
(a) your participation is entirely at your own risk; and
(b) we are in no way responsible for your decision to participate.
11. Promotion of Educational Courses
11.1 Spiible does not provide or offer courses to overseas students, nor does it hold itself out as able or willing to provide courses to overseas students, in any location in Australia.
11.2 As part of offering the Spiible Services, the Spiible Website may outline information about courses provided by registered providers of courses in Australia. In the event that the Spiible Website:
(a) provides the option to a user with a Spiible Website Account to commence the application process for a particular course through the Spiible Website, Spiible confirms that it has an arrangement in place with the relevant registered provider to allow a user to commence the enrolment process through the Spiible Website on behalf of the registered provider for that particular course for that particular location; or
(b) provides information about a particular course provided by a registered provider but does not provide means for a user with a Spiible Website Account to commence the application process through the Spiible Website, Spiible does not purport or claim to have an arrangement in place with the relevant registered provider to commence the application process through the Spiible website. Instead, in these instances, Spiible confirms that it is only providing information about the relevant educational course, will identify the registered provider to the user, and will provide a hyperlink to the registered provider’s website, or their authorised agent’s website, for further information about the educational course.
12. Disclaimers, Warranties, Indemnities and Limitation of Liability
12.1 The Contributed Material that appears on the Spiible Website is the content and opinions of the Contributors. We do not express any opinion or view, make any recommendation or endorsement of any Material Contributed by a Contributor or any other user of the Spiible Website and the opinions expressed therein are those of the respective individual. We do not accept any liability in connection with the content and opinions expressed on the Spiible Website by a Contributor or any other user of the Spiible Website and any damages incurred by a user who relies on, is influenced by or otherwise suffers as a result of a reliance on such opinion or content.
12.2 We accept no responsibility for Material uploaded by you that may infringe on the rights (including any intellectual property rights) of others. On being made aware of the existence of such Material, we will remedy the situation by removing of the Material as soon as possible.
12.3 From time to time the Spiible Website, the Spiible Services, or certain aspects of them may:
(a) change without notice; and
(b) not be accessible from time to time due to periods of maintenance, updates and upgrades, acts of God or other force majeure events. We accept no responsibility for your inability to access the Spiible Website or any Spiible Services as a result of these causes.
12.4 We do not warrant, expressly or otherwise, the accuracy, completeness, currency or legality of the Spiible Website, the Spiible Services or any Material. In particular, to the extent permitted by law and without limitation, we do NOT warrant that the Spiible Website, the Spiible Services or the Material is or will be:
(a) free of error or omission; or
(b) free from any malicious software (including viruses, Trojan programs or the like).
12.5 We accept no responsibility for any loss or damage incurred as a consequence of:
(a) your use of the Spiible Website, the Spiible Services, any Material, or the contents of any Linked Websites;
(b) your reliance on any information contained on or in the Spiible Website, the Spiible Services, any Material or any Linked Websites;
(c) any delays to, interruptions of or cessation of access to the Spiible Website; or
(d) any defamatory, offensive or illegal conduct of any person using the Spiible Website.
12.6 By using the Spiible Website, you accept the full cost of repair or modification of your computer or mobile device software or hardware which may be required for you to use the Spiible Website.
12.7 To the extent permitted by law, all warranties regarding the Spiible Website, the Spiible Services and any Material contained on the Spiible Website is excluded, including any implied warranties of merchantability and fitness.
12.9 In accessing and using the Spiible Website, the Spiible Services or any Material, to the extent permitted by law, you agree to continuously indemnify Spiible, including our officers, employees, staff, agents and contractors and the directors, officers, employees, staff, agents and contractors of any of our related companies or associated entities (Those Indemnified), from all liability for any loss (including economic and consequential loss), damages or expenses incurred by or suffered by any of Those Indemnified arising from and/or as a result of any claim brought against Those Indemnified in connection with your use of the Spiible Website, the Spiible Services, Material or any Contributed Material.
13.1 If any provision of our Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions, which will remain effective and enforceable.
13.2 All clauses in this agreement relating to payment, liability and indemnities will survive termination or expiry of these accepted Terms and Conditions, to the extent allowed by the law.
13.4 If you wish to:
(a) report a violation of our Terms and Conditions;
(b) report suspected or actual unauthorised use of your Spiible Website Account, or protest our suspension or termination of your Spiible Website Account; or
(c) enquire about our Terms and Conditions, or any other matter
you must do so in writing using any of the means below:
Mail to: Spiible Pty Ltd
Suite 208/480 Collins Street
Melbourne VIC 3000
Phone: +61 3 8610 6391