Acturian Terms and Conditions
1. These terms and conditions, together with the terms and conditions that are specific to any Competition (as defined below) (the ‘Competition Terms’) are known as the ‘Rules’. Words used in the Competition Terms shall have the same meaning when used here. In the event of any conflict between the Competition Terms and the Standard Terms, the Competition Terms shall prevail.
2. The Rules apply to any competition (the ‘Competition’) that is promoted on the Acturian website or on behalf of Vumero Institute Pty Ltd of 62-66 King Street, Melbourne VIC 3000, Australia (‘PSCL’) and by entering the Competition you agree to be bound by the Rules.
3. PSCL reserves the right to cancel or amend all or any part of the Competition and/or the Rules without notice for any event that is outside of PSCL’s reasonable control. Any changes to the Rules, or cancellation of the Competition, will be posted on the Acturian website. It is the responsibility of entrants to keep themselves informed as to any changes to the Rules.
4. In the event of any dispute regarding the Rules, the conduct or results of the Competition, or any other matter relating to a Competition, the decision of PSCL shall be final and unchallengeable and no correspondence or discussion shall be entered into, comment issued, or reason given in respect of any decision made by PSCL.
Legal Terms and Conditions of Use of the Acturian website
5. This page also states the Terms and Conditions under which you may use the Acturian website. Please read this page carefully. By using this web site, you agree to be bound by the Terms and Conditions stated here. Therefore, if you cannot accept these Terms and Conditions, please do not use the web site. Acturian may revise these Terms and Conditions at any time by updating this posting. Therefore, you should visit this page periodically to review the Terms and Conditions, because they are binding on you.
6. The Acturian website is controlled by PSCL (www.psclglobal.com). Access to the website’s materials may not be legal by certain persons or in certain countries. If you access the web site, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Use of Site Material
7. The contents of this web site are protected against unauthorized use in any part of the world by copyright and other intellectual property laws. Acturian authorizes you to view and download a single copy of the material on this web site solely for your personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original material on any copy you make of the site material. You shall not sell or modify our site material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. The names, marks and logos appearing in this web site are, unless otherwise noted, trademarks owned by or licensed to Acturian. The use of these marks, except as provided in these Terms and Conditions, is prohibited. If you violate any of these terms, your permission to use the site material automatically terminates and you must immediately destroy any copies you have made of the material. Acturian reserves all other rights it may have at law or in equity.
Use of Links and Logos
8. Without derogating from the effect of provision 7, you do not need to request permission to create a text link from your web site to the Acturian web site. However, if you would like to use a graphic or logo of Acturian you must request permission or receive authorization. Please send all requests to the Competition Director of Acturian, at email@example.com. Acturian reserves the right to request the removal of any link.
9. Acturian makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this website or about the results to be obtained from using the web site. You use the web site and its material at your own risk. Changes are periodically made to the web site and may be made at any time. This web site and its material are provided on an “as is” basis without any warranties of any kind. To the fullest extent permitted by law, Acturian hereby expressly disclaims all warranties, including the warranty of merchantability, non-infringement of third party rights, and the warranty of fitness for particular purpose. In no event shall Acturian be liable for any damages whatsoever resulting from the use or inability to use material on this web site or sites linked to this web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Acturian is advised of the possibility of such damages.
10. By using this web site, you agree to defend, indemnify, and hold harmless Acturian, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) which Acturian may become obligated to pay arising or resulting from your use of the site material or your breach of these Terms and Conditions.
11. By entering the Competition, you hereby warrant that all information submitted by you in your Entry is true, accurate and complete in every respect. PSCL reserves the right to verify any information contained in your Entry, your eligibility to enter the Competition or your eligibility to win prizes arising out of the Competition.
12. Unless otherwise stated in the Competition Terms, the Competition is open to any natural person. Where a Competition is open to persons who are resident outside of Australia, no person may enter the Competition if the Competition breaches any law or regulation of the jurisdiction in which they are resident.
13. Unless otherwise stated in the Competition Terms, the Competition is open to persons of any age. Prize-winners may be required to provide proof of identity for verification purposes.
14. PSCL reserves the right in its absolute discretion to disqualify any entrant if it has reasonable grounds to believe that an entrant has breached any of the Rules, any applicable law (including copyright law) or has otherwise infringed the intellectual property of any other person. Each entrant acknowledges and agrees that any failure to comply with the Rules could lead to PSCL disqualifying that person, without PSCL giving any reason for such disqualification or granting any opportunity for challenge.
15. Any person that is: (a) an employee of any company involved in the Competition (including PSCL); or (b) a family member of such employee, is not eligible to enter the Competition. PSCL reserves the right to disqualify any person that it knows is, or has reasonable grounds to believe is, ineligible for the Competition as a result of this Rule.
16. In the event that a Prize-winner is disqualified from the Competition, PSCL will, unless otherwise stated in the Competition Terms, select an alternative prize-winner in the same manner as the original prize-winner and such selection will be subject to the Rules.
17. Entries will be accepted up to 12 hours prior to the commencement of Round 1 of the Competition in the manner prescribed on the Competition website. Failure to do so will result in disqualification. The Competition Director shall determine whether any entries received after this time will be accepted.
18. There is no requirement to make any purchase in order to access the Acturian website. There is a financial cost attached to entering Acturian.
19. Unless otherwise stated in the Competition Terms, only one Entry per person is permitted. In the event that PSCL discovers or has reasonable grounds to believe that the same person has made multiple Entries, such person and any Entries made by them shall be disqualified and, if such Entrant has already been selected as a Prize-winner, an alternative Prize-winner will be selected in accordance with Rule 14 above.
20. Unless otherwise set out in the Competition Terms, PSCL accepts no responsibility for the return of any Entries.
21. Prize-winners will be selected and notified by email. No prize will be awarded where any entrant has committed any form of misconduct (as determined by PSCL in its sole discretion).
22. In the event that entries are judged on artistic or other subjective criteria, PSCL reserves the right to set or amend the criteria used to judge Entries.
23. No part of a prize is exchangeable for cash or any other prize. In the event of a prize being unavailable for any reason PSCL reserves the right to substitute prizes of equal or greater value at any time.
24. Prizes must be accepted by written or oral correspondence with the Competition Director within 28 days of the announcement of their prize win. In the event that any Prize Notification is returned as undeliverable or any Prize-winner fails to validly reply to a Prize Notification within 28 days, PSCL reserves the right to disqualify the Prize-winner and select an alternative Prize-winner in accordance with Rule 14 above.
25. PSCL accepts no responsibility for any damage, loss, injury (other than our liability for personal injury or death as a result of our negligence) or disappointment of any kind suffered by any entrant in entering the Competition, including as a result of any entrant winning or not winning any prize.
26. PSCL accepts no responsibility for Entries lost, damaged or delayed, or due to computer error in transit. Entries made online using methods generated by a script, macro or the use of automated devices will be void.
Intellectual Property Rights and Data Protection
27. Finalists may have parts of their work made publicly available at the completion of the Competition. PSCL (and any third party authorised by PSCL) may use your Entry (whether or not it wins the Competition) for any promotional purpose (for example, use in a Question and Suggested Answer pack). You confirm that your Submission is original that you own and have the right to license to PSCL the copyright and other intellectual property rights in the Submission for the purposes referred to in these Rules. You will retain ownership of copyright in your Submission but you give PSCL (and any third party authorised by PSCL) your irrevocable permission to use, reproduce, publish, display, transmit, copy, amend, store, sell and sub-license your Submission worldwide for the purposes of the Competition.
28. PSCL may use any personal information that you provide with your Entry for the purposes of the Competition and, where you have given your consent, for marketing purposes including the distribution of regular email updates or newsletters. Any personal information relating to entrants will be used solely by us in accordance with applicable data protection legislation. You may opt-out to any or all future correspondences from the Competition Organizers by clicking the ‘unsubscribe’ button in emails or by writing to the Competition Director.
29. All Prize-winners unconditionally agree (as a condition of accepting any prize) to: (a) the use of their name, one or more photographs of themselves and disclosure of their country of residence, and (b) co-operate with or participate in any other reasonable post-Competition publicity.
30. Entrants’ details will be maintained according to the provisions of the Acturian Privacy Statement, which can be found on the Acturian website. PSCL is committed to adhering to Australian data protection laws.
31. PSCL respects the confidentiality of its entrants and of individual results. PSCL will not release individual test scores either publicly or to third parties, without the prior written consent of the individuals concerned.
Notice and Procedure for Making Claims of Copyright Infringement
32. Any and all notices of alleged copyright infringement on this web site must be sent to the site’s designated agent:
Acturian, Vumero Institute Pty Ltd
62-66 King Street Melbourne Australia 3000
33. To be effective, the notice must be a written communication and must include:
a. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other exclusive intellectual property right
b. Identification of the work claimed to have been infringed;
c. Description and location of the material that is claimed to be infringing;
d. Contact information for the complaining party such as a mailing address, telephone number or email address;
e. A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner, its agent or by law; and
f. A statement, made under penalty of perjury, that the information is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Governing Law and Jurisdiction
34. The Rules and any dispute or claim arising out of or in connection with them or their subject matter (including the Competition), existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia.
35. The Courts of Victoria in Australia shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with the Conditions of Website Use, Competition Rules or their subject matter, existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims). Any action or proceeding arising from the Acturian Competition or relating to the use of this website shall be brought and maintained only in a state or federal court in Melbourne, Victoria, Australia, and you consent to the personal jurisdiction of these courts. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our web site, these Terms and Conditions constitute the entire agreement between you and Acturian (and PSCL) with respect to the use of our web site.
Copies of these Rules
36. A copy of these Rules may be obtained by sending a stamped addressed envelope to: Acturian, Vumero Institute, 62-66 King Street, Melbourne, VIC 3000, Australia.