Terms and Conditions
This page (together with the documents referred to on it) tells the customer (you/your) the terms and conditions (Terms and Conditions) on which Swinburne Student Union (we/our/us). Please read these Terms and Conditions carefully before ordering any Products from the Site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these Terms and Conditions and any policies stated on the Site. We reserve the right to amend these Terms and Conditions and any policies at any time and your use of the Site following any amendments will represent your agreement to be bound by these Terms and Conditions and policies as amended. We therefore recommend that each time you access the Site you read these Terms and Conditions and policies. Please understand that if you do not wish to accept these Terms and Conditions, you will not be able to order any Products from the Site.
1. INFORMATION ABOUT US
1.1 We operate the Site located at www.ssu.org.au. We are Swinburne Student Union Incorporated (ABN 39 774 574 866).
2. SERVICE AVAILABILITY
2.1 The Site is only intended for use by people residing in nominated areas of Australia (Service Areas). Customers must provide a valid email address and credit card details for all orders accepted on the Site. We do not accept orders by other means, unless in-person.
3. YOUR STATUS
3.1 By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old; and
- you are resident of Australia (or an overseas customer in the case of Bookshop purchases)
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After completing the subscription or order process on the Site, you will receive an email from us acknowledging that we have received your order (Order). Please note that this does not mean that an Order has been accepted.
4.2 An Order will relate only to the Product or Service you have ordered or subscribed to. Each Order that we accept results in a separate binding agreement between you and us for the supply of those Products or Service. For each Order accepted by us, we will supply the Products or Service in that Order to you in accordance with these Terms and Conditions.
5. ACCEPTANCE OR REJECTION OF AN ORDER
5.1 We reserve the right to accept or reject an Order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the Site or in an Order.
5.2 If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order or within 7 days after you submit an Order.
5.3 You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, we will endeavour to contact you when you place an Order or within 7 days after you submit an Order.
5.4 If we refuse an Order on or prior to delivery but after our relevant weekly order cut-off, a full refund, less any discounts, will be made within 10 Business Days.
6. MEMBERSHIP SUBSCRIPTION
6.1 Student Membership is available to all active students of Swinburne University. Associate Membership eligibility is defined in the SSU Constitution.
6.2 Upon signing up to the SSU, the Member accepts and agrees to be bound by these Conditions of Membership. Members must also adhere to the SSU Constitution, Regulations and Policies.
6.3 Payment of the membership fee will entitle the Member to membership of SSU to 31 December of the calendar year that they purchase. The Member must renew their membership annually to gain the benefits of membership.
6.4 Membership is not transferable and membership fees are not refundable under any circumstance. SSU reserves the right to alter membership fees as required.
6.5 Membership, or specific rights or privileges, may be suspended or terminated by SSU for violation of any rules or regulations of the organisation or for conduct deemed by the SSU Student Council to be detrimental to the welfare, good order, safety or character of SSU or its members in-line with SSU rules, procedures, constitution or legal rulings.
6.6 Members are responsible for informing SSU of any changes to their personal details.
6.7 By completing a Member application, joining via the SSU Website, or by purchasing a membership at the SSU Reception Desk, the Member is authorising SSU to contact them on any matters deemed of relevance (by SSU). The contact may be by email, phone, post or SMS. SSU, where possible, will give the Member the opportunity to opt-out of any organisational newsletters.
7. PRIVACY
To find out how SSU manages and uses your personal information please go to the SSU website at https://www.ssu.org.au/privacy-policy and read our privacy policy.
8. PRICE
8.1 From time to time we may need to revise the price of the Products
8.2 The current prices of the Products and our delivery charges will be as quoted on the Site, as updated from time to time.
8.3 Product prices and delivery charges are inclusive of taxes including GST where applicable.
8.4 All relevant surcharges applicable will be specified before placing your order.
10. PAYMENT
10.1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
10.2 Orders will be charged to your nominated payment method(s). By nominating or adding an alternative payment method, you expressly consent to SSU charging your alternative payment method in accordance with the terms and conditions set out herein if your primary payment method is no longer available, is declined or cannot be charged, without prior notice to you.
(a) It is your responsibility to ensure your accepted payment method(s) details are valid and up to date. We accept Visa, MasterCard and PayPal.
(b) It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
10.3 Storage of Collected Information
(a) The SSU does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. We never permanently store complete debit/credit card details.
(b) All online debit/credit card transactions performed on this Site are through secured payment gateways. We currently use the NAB, Adyen and PayPal payment gateways for our online payment transactions.
(c) Complete debit/credit card details cannot be viewed by SSU or any outside party.
(d) Payments will appear on your bank statement as “Swinburne Student Union” or “SSU”
10.4 Failed payments
(a) Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes.
(b) If we are unable to debit your payment method(s) your Product may still be dispatched and the sale will be deemed to have occurred.
(c) In such instances SSU will re-attempt the payment process. We reserve the right to re-attempt payment on all nominated payment method(s) to recover any outstanding amounts.
(d) In the event that payment re-attempts are unsuccessful we reserve the right to recover the debt through alternative means, either directly or through a third-party.
(e) We reserve the right to suspend or terminate future deliveries when payments are outstanding.
10.5 Suspected fraud accounts
(a) We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
(b) We reserve the right to terminate your order or accounts following the investigation.
11. OUR REFUNDS POLICY
11.1 Refunds are not provided for tickets purchased via our events program under any circumstances.
11.2 If you seek a refund for any other reason, you can request a refund via email to ssu@ssu.org.au and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund. No refund will be provided in relation to Products which have been opened, used or damaged after delivery, or if any attempt has been made to alter the products.
12. DELIVERY
12.1 We only deliver to addresses within the Service Areas. A surcharge in addition to the standard delivery fee may apply for high-demand delivery windows. High-demand delivery windows are subject to change from time to time, in accordance with changes in demand. Delivery fees and applicable surcharges will be communicated at the point that you place your initial Order.
12.2 We will deliver the Products to the front door of your nominated delivery address (Delivery Address). You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
12.3 Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply.
12.4 If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, our delivery provider may leave the Products at your front door.
12.5 You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you.
13. VOUCHERS AND GIFT CARDS
13.1 We may offer promotions and other types of vouchers (Voucher). These Terms and Conditions will become applicable as between us and the Holder when the Holder redeems the Voucher.
13.2 We reserve the right to withdraw or cancel any Voucher offer for any reason at any time without any notice to you.
13.3 Vouchers may only be redeemed through the SSU Reception Desk for private use, unless otherwise specified.
13.4 The SSU has no responsibility in connection with the use of the Voucher once it is transacted.
14. RISK AND TITLE
14.1 The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.
14.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
15. DISCLAIMER AND LIMITATION OF LIABILITY
15.1 The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits
15.2 While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an “as is“ and “as available“ basis and we do not make any representation or warranty of any kind, whether express or implied, including the reliability of the information, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
15.3 You acknowledge that the Products displayed on the Site are not an exact sample and are indicative only and that the Products you receive may vary from those displayed according to seasonal availability.
15.4 To the extent permitted by law, we do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system. We may, from time to time and without notice, change or add on to the Site (including these Terms and Conditions) or the information, Products or Services as prescribed. However, we do not undertake to keep the Site updated. We are not in any way liable to you or any other third party if errors occur in the information of the Site or if the information is outdated.
15.5 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
15.6 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
15.7 The collection, use and disclosure of your personal information is also subject to our Privacy Policy.
15.8 To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
15.9 To the extent permitted by law:
(a) our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to:
(i) In the case of the supply of Products:
(A) replacement or resupply of the Products; or
(B)the cost of replacing or resupplying the Products;
(ii) In the case of the supply of Services:
(A) supplying the relevant Services again; or
(B) the cost of supplying the relevant Services again, and;
(b) in any event, will not exceed the fees paid by you to us under the relevant Order.
15.10 To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.
15.11 Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
15.12 It is your responsibility to refer to the Nutritional Panel and ingredients of each meal before placing an Order.
16. IMPORTANT NOTICE ABOUT LINKED WEBSITES
16.1 The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
16.2 The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.
16.3 To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
17.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.
17.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
18. INTELLECTUAL PROPERTY RIGHTS
18.1 We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright and other intellectual property laws and all such rights are reserved.
18.2 You may print off one copy, and may download extracts, of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
18.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets which we may create or contribute to.
19. FORCE MAJEURE EVENTS
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) epidemic, pandemic or other health emergency (whether declared or not); and
(g) the acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
20. PRIVACY
20.1 Our Privacy Policy is a separate document available on the Site. We use, collect and disclose personal information about you to facilitate our dealings and for purposes as set out in the Privacy Policy.
20.2 We may use your contact information to send you newsletters from us and from our related companies.
21. GENERAL
21.1 These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.
21.2 The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.
21.3 Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently, negligently or intentionally) that is not set out in these Terms and Conditions.
21.4 Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.
21.5 If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.
21.6 These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.
22. COMPETITIONS (SOCIAL MEDIA)
22.1 By participating in any competition or giveaway advertised by SSU on its Site, Facebook page and/or other social media channels (the “Competition”), you confirm that you accept and agree to these Competition terms stipulated below as well as any other terms and conditions that may be applicable.
24.2 Unless otherwise stated, the Competition is only open to active Swinburne University students or SSU members. All Competitions are open to Australian residents only.
24.3 Entrants must follow the instructions on the Competition Facebook post and/or other Social Media channel and/or at the Site to enter this competition.
24.4 The Competition entry closing and opening dates will be specified on the Competition Facebook post and/or other Social Media channel.
24.5 SSU will endeavour to notify each prize winners by social media, email, text or phone. However, if the winner cannot be reached within five working days (or later where specified on the Terms and Conditions of the advertisement), we may redraw a new prize winner or reserve our rights not to redraw without liability to any person. SSU reserves the right to contact the selected winners by other means.
24.6 The winner(s) will be drawn as specified by the Facebook Competition post and/or other Social Media channel and/or at the site. The prize winner(s) will receive the prize as advertised and in accordance with the specific terms and conditions of a Competition.
24.7 The winner acknowledges that redemption of some prizes may require the winner to be at least 18 years of age or have parental/ guardian consent. We will let you know on our Facebook Competition post and/or other Social Media channel.
24.8 Entering the competition constitutes a winner’s consent for their information and/or content to be shared on our channels.
24.9 Without limiting the scope of this provision, competitions can also be defined as relating to the SSU Voucher Assistance Program and any other vouchers given away for the purposes of surveys for information conducted by the SSU.