Terms of Service – Students

This Site is owned and operated by Reed Graduation Services Pty Ltd ABN 94 604 878 293 ( Reed Graduations ). Reed Graduations has agreed, at the University’s request, to make the University Portal and Services available to Students. These Terms govern the relationship between you, the Students, and Reed Graduations.

By browsing the University Portal and using the Services, you:

warrant that you are authorised by the University to use the Services on the University Portal;
have had sufficient chance to read and understand these Terms and that you agree to be bound by them; and
warrant that all information supplied by you for the purposes of Reed Graduations providing the Services to you is true, accurate, and current.

If you do not agree with these Terms, you may not access or otherwise use the University Portal and the Services offered on the University Portal.

We reserve the right to amend these Terms at any time. Notification of the changes to these Terms will be posted on the University Portal and will be effective immediately, unless expressed otherwise. It is your sole responsibility to periodically check these Terms for any changes. If you object to any changes, you must cease accessing the University Portal and Services. You acknowledge and agree that your continued use of the University Portal and Services means that your use of the University Portal and Services is subject to the updated Terms.

1. Scope of Services

1.1 1 Reed Graduations offers the following Services to Students (the Services):

but limited to the Services approved by the University and subject to the specifications, service levels, inclusions, and exclusions in the Service Schedules agreed between the University and Reed Graduations.
1. studio portrait photography services;
2. studio portrait photography services
3. stage photography services
4. graduation ceremony videography services;
5. regalia hire and purchase services
6. ticketing services
7. framing services; and
8. graduation merchandise and memorabilia services,
1.2 2 You acknowledge and agree that Reed Graduations may vary the prices for Services from time to time and in its sole discretion. Notification of the changes to prices will be sent to you by email to your nominated email address and will be effective immediately, unless expressed otherwise. If you object to any changes, you may choose not to avail all or part of the Services.

2. Security

2.1 In some cases, you may be prompted to provide your Student ID and date of birth. You must treat such information as confidential and you must not disclose it to any third party.
2.2 If you have reason to believe that your Student ID and date of birth has been obtained by someone else without your consent, you must inform us immediately to provide you with an alternative. Reed Graduations is not liable for any loss or damage resulting from your failure to maintain a secure University Account.

3. Your Use of the University Portal

3.1 Reed Graduations grants you a non-exclusive, non-transferrable right to access and use the University Portal solely for the purpose of booking Services for a graduation ceremony.
3.2 You may upload any relevant information to the University Portal as and when prompted. You acknowledge and agree that the University will regularly update the University Portal for any changes to:
1. the date and time of the graduation ceremony;
2. the venue of the event;
3. the date and time tickets will be made available for allocation or purchase;
4. the payment methods available to Students;
5. refund timeframes in the graduation ceremony of cancellation and/or issuing errors; and
6. whether there is a maximum number of tickets, graduation merchandise and memorabilia, and other products can be purchased in any one transaction,
and it is your responsibility to regularly monitor the University Portal for any announcements.
3.3 You acknowledge and agree that although Reed Graduations will use all reasonable efforts to ensure that the University Portal and Services are available, temporary interruptions of the University Portal, and the Services available through the University Portal may occur. We will not be liable for any reason the University Portal is unavailable at any time or for any period. We may also restrict access to some parts of or the entire University Portal or Services from time to time. We reserve the right to perform unscheduled maintenance on the University Portal or Services at any chosen time and will not be liable for any resulting loss.
3.4 All content and Services provided on or through the University Portal are provided AS IS and SUBJECT TO AVAILABILITY basis for the University and its Students. The content and Services are provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of the University Portal and the Services are solely at your risk.
3.5 Any personal information provided to us will be held in accordance with our Privacy Policy[RB1] .

4. Your Use of the Ticketing System, Photography, Videography, Regalia Hire and Purchase, Framing, and Graduation Merchandise and Memorabilia

4.1 The ticketing system is subject to any terms and conditions imposed by your University as posted on the University Portal. All ticket sales are final unless stated otherwise. Where an error in ticket pricing is identified (whether due to human error or a transactional malfunction of the ticketing system), upon the University’s request we will endeavour to cancel the ticket(s) where a refund to the purchase is to be provided.
4.2 You agree to comply with Reed Graduations’ instructions relating to pre-booking, booking, collections, and access to photography, videography, regalia hire and purchase, framing, and graduation merchandise and memorabilia services as outlined in the University Portal.
4.3 You acknowledges and agrees that Reed Graduations may subcontract all or part of the Services. In such an event, Reed Graduations agrees to ensure that personnel providing the Services are suitably trained, qualified and experienced in order to carry out the Services.
4.4 You acknowledge and agree that any online payments for the Services are subject to clause 9.

5. Cancellations or Postponements

5.1 In the event of cancellations or postponements, Reed Graduations may assist the University with the refund process (if applicable).

6. Ownership of Content

6.1 University Content
The University retains ownership of information and content uploaded by the University to the University Portal. Reed Graduations has a licence to use all information, content, graphics, logos, images and other content for the graduation ceremony (University Content) to copy, reproduce, modify, create derivative works, publish or distribute the University Content as it sees fit.
6.2 Reed Graduations Content
1. All content, images, software and designs on the Site and University Portal other than the University Content (Reed Graduations Content) are owned by us or used under licence or with consent. You may make a temporary copy of all or part of the Site or University Portal on your local computer for the sole purpose of reviewing the University Portal. You may also retain a single permanent copy for your business records.
2. You may not otherwise in any form copy, reproduce, modify, create derivative works, publish or distribute Reed Graduations Content without the prior written consent of Reed Graduations or as permitted by applicable intellectual property laws.
3. The Reed Graduations Content is protected under intellectual property laws of Australia and other countries through international treaties. You must not remove any proprietary notice or credits contained on the Site or the University Portal.
4. The Site, University Portal and Services contains trademarks, logos and trade names of Reed Graduations (Reed Graduations Trade Marks) which may be registered or otherwise protected by law. Reed Graduations Trade Marks will be included on all materials we generate on your behalf. You must not otherwise use any trademarks, logos or trade names which are used on the Site, University Portal or Services without our prior written consent. Nothing contained on this Site, University Portal or Services should be construed as granting any licence or right to use any trade mark displayed on the Site, University Portal or Services.
5. We reserve all of our rights to enforce our intellectual property rights to the fullest extent of the law.

7. Payment

7.1 All payments are processed through SecurePay, a third party payment gateway. Reed Graduations is not responsible for nor does it have any control over any third party payment gateways. You acknowledge and agree that Reed Graduations will not be liable for any loss or damage arising out of your use of a third party payment gateway. Reed Graduations advises you to read and understand the terms and conditions of the third party payment gateway prior to using them.
7.2 Unless stated to be otherwise, charges referred to for any Services are stated inclusive of GST. A tax invoice will be provided to you upon completing your payment of the Services. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (Cth). Tax Invoice means tax invoice as defined by the Act.
7.3 All prices are stated in Australian dollars.

8. Prohibited Conduct

8.1 If we become aware that you have committed, or intend to commit any of the actions below, we may take the action set out in clause 9 and immediately and without notice terminate your access to the University Portal and stop providing the Services to you.
8.2 The following are examples of prohibited conduct and such actions constitute a breach of these Terms. You agree that you will not commit any prohibited conduct, including but not exclusive to:
1. impersonate another person or entity, or falsification or deletion of any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of the Site, University Portal or Services;
2. restricting or inhibiting any other user from accessing and using the Site, University Portal or Services;
3. interfering with or disrupting the Site, University Portal or Services or servers or networks connected to the Site, University Portal or Services, or disobeying any requirements, procedures, policies or regulations of networks connected to the Site, University Portal or Services;
4. using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site, University Portal or Services or collect information or data contained within site about users for any unauthorized purpose; and
5. creating user accounts by automated means or under false or fraudulent pretenses.

9. Termination of Account

9.1 Reed Graduations reserves the right to terminate your University Account without prior notice where:
1. you are in breach of these Terms;
2. you are fraudulent in connection with your use of the Services;
3. there is a failure to pay amounts due and owing to Reed Graduations in a timely manner;
4. failure to provide Reed Graduations with sufficient information to enable Reed Graduations to provide the Services to you; or
5. you commit any act of bankruptcy as defined in the Bankruptcy Act 1966 (Cth), make a scheme or arrangement with creditors, or are placed in receivership, liquidation, administration or any form of insolvency administration or a receiver and manager or provisional liquidator of the undertaking is appointed.
9.2 Reed Graduations may at its sole discretion terminate your access to the University Portal and the Services with 30 days’ notice without cause.

10. Consequences of a breach

10.1 Reed Graduations reserves the right to monitor all content contained on the University Portal, including University Content, to ensure compliance with these Terms. If you breach these Terms or we believe you are or were acting in concert with any person who has done so, we may without prior notice:
1. alter, edit or remove any or all University Content;
2. cancel the provision of any Services;
3. block or limited your access to the University Portal; and/or
4. take legal action against you.
10.2 If applicable law requires us to provide notice of termination, we may give prior or subsequent notice by posting it on the University Portal or by sending a communication to any address (email or otherwise) that we have for you in our records.
10.3 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with clause 9.

11. Disclaimer and Limitation of Liability

11.1 To the extent permitted by law, we exclude all conditions and warranties relating to your use of the University Portal or Services that are not set out in these Terms. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
11.2 Reed Graduations disclaims any and all liability for the acts, omissions and conduct of any third party users, promoters, advertisers and/or sponsors on the University Portal or otherwise related to your use of the University Portal or Services. We do not endorse any products or services, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any products or services due to information provided by third parties. It is your sole responsibility to undertake due diligence and research into the University Portal and Services.
11.3 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the University Portal and Services and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the University Portal and Services.
11.4 To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to the replacement of goods or re-supply of services or the replacement cost of goods or re-supply of the Services.
11.5 In relation to any express warranty or condition set out in these Terms in connection with goods or services supplied or offered by us via the University Portal, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

12. Indemnity

12.1 As a condition of your access to and use of the University Portal and Services, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the University Portal and Services or your breach of these Terms, your use of the University Portal and Services, and any applicable law or the rights of another person or party.

13. Privacy

13.1 By agreeing to and accepting these Terms, you also agree to the terms of our Privacy Policy

14. General Provisions

14.1 The Terms shall in all respects be governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under these Terms.
14.2 If any provision of the Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.
14.3 No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term of any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.
14.4 We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to acts of god, natural disasters, sabotage, accident, riot, shortage of supplies, equipment, and materials, strikes and lockouts, civil unrest, computer hacking, or malicious damage.
14.5 We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.
14.6 These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and Reed Graduations, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the University Portal and Services.
14.7 We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.

Last Updated: November 2019