1. ABOUT WEBSITE
a. Welcome to Masiratna's website, https://masiratna.com.au ("Website").
b. Masiratna's Website is a platform through which, Masiratna offers access to information and consultation primarily related to education, admission to Australian Universities, institutions and colleges, guidance on completing applications and compiling documentation, processing the applications for admission to selective universities, institutions and colleges in Australia and support in changing the courses, or transfer to other universities, institutions and colleges (“Services”).
c. Please read these Terms and Conditions ("Terms") carefully before accessing or using the Website.
d. In these Terms:
"Masiratna/We/Us" refers to Masiratna Australia Pty Ltd, the owner of the Website and provider of the Services. Address details of all Masiratna locations are available on our contact us page.
"Client/Clients/You/They" refers to individuals or entities accessing the Website or using its associated Services.
These Terms are a contract between You and Masiratna (and/or its affiliates/related entities) that will govern your use of its Website and the Services offered through it, including all content, applications and consultations.
For the avoidance of doubt, these Terms do not control or govern your use of Masiratna Services. You should review these Terms frequently as they may change at any time at our sole discretion.
2. ACCEPTANCE OF THE TERMS
a. By accessing the Website, you agree to abide by the Terms outlined here. The Terms are designed to comply with all relevant statutory or digital contract laws, and therefore do not require a physical signature.
b. These Terms constitute the legally binding terms and conditions governing your use of the Website and the Services provided through it.
c. By ACCESSING, VISITING, OR USING the Services, whether or not you have registered for an account, you confirm that you have read, understood, and agree to be legally bound by these Terms, the Privacy Policy, and any other policies of Masiratna made available on the Website, each of which is incorporated herein by reference. If you do not agree with these Terms, please do not use or access the Website or avail the Services of Masiratna through it.
d. In addition to adhering to these Terms, you agree to follow all applicable laws regarding your use of the Website.
e. You also acknowledge that Masiratna may modify these Terms at any time by posting the updated terms on the Website. Unless otherwise explicitly stated, any changes will be effective immediately upon posting. Masiratna encourages you to review our Terms periodically for any updates or amendments.
3. ACCESS RIGHTS, CONSENT AND OBLIGATIONS
a. Through the Website, Masiratna offers Clients' access to its Services.
b. By using the Website and providing your personal or contact details, you consent to express your interest in the Services you have selected. You further agree that Masiratna may contact you via electronic communication, social media or phone to discuss your interest in the selected Services, including, but not limited to, matters such as renewals and reminders (if applicable).
c. As a Client, you agree to comply with the following:
i. you will use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
ii. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Masiratna providing the Services;
iii. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Masiratna;
iv. you will not use the Services or Website for any illegal and/or unauthorised use;
v. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Masiratna for any illegal or unauthorised use of the Website; and
vi. you acknowledge and agree that any automated use of the Website or its Services is prohibited.
4. ELIGIBILITY
a. The Website or the Service is not available to individuals under the age of 18 or to Clients who have been suspended or removed from the system by Masiratna for any reason. If Clients do not meet the eligibility requirements, then Clients are not permitted to use the Service or the Website.
b. Masiratna reserves the right to deny access to the Website or disqualify any individual at its discretion from accessing the Website if it has a reason to believe that the person is ineligible to access the Website.
5. INTELLECTUAL PROPERTY RIGHTS
a. All content, design, graphics, logos, trademarks, and other intellectual property on the Website (collectively, "Website Content") are owned by or licenced to Masiratna. This includes but is not limited to text, images, software, and source code.
b. You understand that you are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and its content for personal, non-commercial purposes only. You may not copy, reproduce, distribute, modify, or create derivative works from any part of the Website Content without prior written permission from Masiratna.
c. You agree not to use the Website Content for any unlawful purpose or in any manner that infringes or violates the intellectual property rights of Masiratna or any third party. Unauthorised use of Website Content may result in legal action.
d. You can access and use the Website and Services for personal purposes only.
e. You must not bypass any security measures Masiratna has established to control or limit access to the Website. By using the Website, you agree not to:
i. Use the Website or its content for any commercial purpose.
ii. Engage in any speculative, false, or fraudulent transactions, or transactions made in anticipation of demand.
iii. Access, monitor, or copy any content or information from the Website using automated tools such as robots, spiders, or scrapers or through manual processes without Masiratna’s express written permission.
iv. Violate the restrictions set forth in any robot exclusion headers on the Website or circumvent other measures designed to prevent or limit access.
v. Frame, mirror, or incorporate any part of the Website into another website without Masiratna’s prior written authorisation.
f. In case any of the above-mentioned restrictions are violated, you may be refrained from accessing the Website, and Masiratna will have the right to take action and recover damages from you under the law. If your rights to view the content on the Website are terminated, you are required to destroy all material from us in your possession, whether in print or electronic format.
g. All rights not expressly granted in these Terms are reserved by Masiratna. Nothing in these Terms shall be construed as granting any licence or right to use any intellectual property of Masiratna, except as expressly provided herein.
6. DATA PROTECTION
a. Masiratna shall ensure compliance with all applicable laws, including data protection laws. Masiratna will handle your personal information in accordance with the Australian Privacy Act 1988 (Australian Privacy Principles).
b. By agreeing to avail the Services of Masiratna, Client consents to Masiratna storing, sharing, processing, and using the data collected from Client. This data may also be shared internationally. Your data will only be shared with relevant parties, such as Masiratna's related entities/affiliates, academic institutions or government authorities or as necessary for providing services.
c. Masiratna and its related entities/ affiliates will protect Client’s information in accordance with the Privacy Policy available on Masiratna’s Website. Masiratna collaborates with third parties for the purpose of providing the Services and may need to share certain information with these partners. For more details on data protection, please refer to Masiratna's Privacy Policy on the Website.
7. INDEMNITY
You agree to indemnify Masiratna, its related entities/ affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection:
a. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so;
b. and/or any breach of the Terms.
8. WARRANTY AND DISCLAIMER
a. The content and Services published on the Website may contain inaccuracies or errors. Masiratna does not guarantee the accuracy of and disclaims all liability for any errors or inaccuracies related to the information and descriptions of content and services. Masiratna reserves the right to correct any errors on the Website.
b. Unless contrary to law, Masiratna makes no representations regarding the suitability of the information, software and services provided on the Website for any purpose. The inclusion or offering of the Services on this Website does not imply endorsement or recommendation of the Services. Except as otherwise provided under law, all such information, software, and services are provided “AS IS” without any warranty of any kind.
c. Masiratna disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Additionally, Masiratna does not warrant that the Website, its Services, or any emails sent from Masiratna, its affiliates, or their respective service providers are free of viruses or other harmful components.
d. Masiratna shall not be liable for any defect in Services caused by strikes, force majeure, or other causes beyond their direct control of Masiratna.
e. Under no circumstances shall Masiratna and/or its related entities/affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising from or related to your access to, display of, or use of the Website. This includes but is not limited to, damages arising from computer viruses, information, software, linked Websites and services obtained through the Website. This holds true regardless of the basis of liability (whether negligence, contract, tort, strict liability, or otherwise) and even if Masiratna, its related entities, affiliates, or their respective service providers have been informed of the potential for such damages.
Masiratna shall not be responsible for any external websites you may visit through Website or that link to our Website. Such websites are independent, and Masiratna has no control over their content or availability. Links to other websites do not imply our endorsement or responsibility for their content. Masiratna shall not be liable for any issues or damages arising from the use of or reliance on external websites.
9. ADDITIONAL DISCLAIMER
a. In addition to the other disclaimers and limitations stated in these Terms, We make no guarantees or warranties regarding the online availability, visibility, or click-through rates of the Website, its web pages, or any materials, information, links, or content presented on the Website. The Website, its web pages, and any associated materials, information, links, or content may become unavailable for online access at any time.
b. Any advertising sponsors and advertisements, if applicable and permitted, must receive approval from Masiratna before any advertising materials, information, links, content, banners, or graphics are posted on the Website. Masiratna reserves the right to accept or reject any advertising sponsor or advertisement at its sole discretion for any reason.
10. FORCE MAJEURE
Masiratna is not liable for any failure or delay in fulfilling the obligations under these Terms due to events beyond the reasonable control of Masiratna, including but not limited to natural disasters, strikes, civil unrest, terrorist attacks, war, etcetera.
11. LIMITATION OF LIABILITY
a. Masiratna's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the fee received by Masiratna for the Services.
b. You expressly understand and agree that Masiratna and its entities, affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12. CONTACT US
Email: [email protected]
13. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
a. If a dispute arises related to these Terms or use of Website or the Services provided by Masiratna, the Client shall first contact Masiratna to address any concerns. Both parties should attempt to resolve the dispute amicably before seeking legal remedies.
b. Any disputes related to these Terms or Client’s use of Website or the Services will be governed by the laws of the State of Victoria, Australia, and will be resolved exclusively in the courts of Victoria, Australia. The Clients consent to the jurisdiction of the courts located in Victoria, Australia.
14. AMENDMENTS
Masiratna reserves the right to amend these Terms at any time. Any changes will be communicated to you in writing. Continued use of our Services after such amendments constitutes your acceptance of revised Terms.
15. SEVERABILITY
If any part of these Terms becomes illegal, invalid, unenforceable or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed not to form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect.
16. WAIVER
Failure or delay by us to enforce any of these Terms or rights of Masiratna will not constitute a waiver of Masiratna’s rights against Clients and does not affect Masiratna’s right to require future performance thereof.
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