OA Terms of Use

This online applications website (‘Website’) is provided on an ‘AS IS’ basis by The University of Queensland ABN 63 942 912 684 (‘University’).

By using this Website you (‘the User’) agree with the University that you are bound by and will comply with all of the following terms (‘OA Terms of Use’) and the terms incorporated into it by reference (as described in the next paragraph), including all such terms as varied by the University from time to time in accordance with clause 12.

This agreement (‘agreement’) comprises these OA Terms of Use, the OA Privacy Notice and, once accepted as part of the process of submitting an Application to the University, the OA Submission Terms.

1. Some key defined terms

In this agreement:

Applicant’ means the individual in respect of whom an Application is prepared or submitted to the University;

Application’ means the whole and any part of an application for admission to study with the University, including the forms and related documentation and other information required by the University in or with the application, including as stored on this Website or subsequently submitted to or required by the University;

Application Information’ means the whole and any part of an Application, and any documentation and other information provided to the University in relation to the Application, including as provided subsequently after any part of the Application has first been submitted to the University;

Authorised Partner’ means a person (usually an organisation) to whom the University has issued a User account that enables the person to view, prepare and/or submit Applications for multiple Applicants; and

UQ Information’ means any document, data, communication or other information on or obtained from this Website or provided to you by, or obtained directly or indirectly by you from, the University or its personnel in connection with this Website, an Application or an Applicant (including if and when they become a student).

Clause 13 contains further provisions setting out meanings of particular terms and references used in this agreement.

2. General limited licence

You may only use this Website and UQ Information subject to and in accordance with these OA Terms of Use and only if you are not in breach of them.

3. Who this agreement applies to

Users

This agreement binds all Users (including individuals, companies, agents and other legal entities). A User may use this Website in multiple capacities, for example, as an individual User and as an employee of another User and as the personnel of another.

Minors, parents and legal guardians

Users that are parents or legal guardians of Applicants under 18 years of age (a ‘minor’) must ensure they supervise the Applicant’s use of this Website and minors should not use this Website without such supervision without a reasonable excuse.

Authorised Partners and their personnel

Where an Authorised Partner’s personnel use this Website for (or purportedly for) the Authorised Partner, or use a User account issued to the Authorised Partner, a reference to ‘you’ (or to a ‘User’) is to be read as a reference to the Authorised Partner in addition to being a reference to the individual User in their other capacities. For example, if an individual is an employee of an approved subcontractor of the Authorised Partner, then the individual uses this Website as an individual User, as an employee of another User (namely, the approved subcontractor) and as the Authorised Partner. Authorised Partner’s must have the University’s written consent before procuring or allowing any non-employee to use the Website for the Authorised Partner.

This agreement applies in addition to any other agreement an Authorised Partner has with the University related to preparing and/or submitting Applications but, to the extent of any inconsistency, the express terms of that other agreement take precedence.

Employees

Users using this Website in the course of their employment also enter into this agreement for and on behalf of their employer and warrant they are properly authorised by their employer to do so. Where an employee uses this Website for (or purportedly for) their employer, or uses a User account issued to their employer, a reference to ‘you’ (or to a ‘User’) is to be read as a reference to the employer in addition to being a reference to the individual in their other capacities.

User personnel

The acts and omissions (including negligence) of a User’s personnel (including their officers, employees, agents, contractors and subcontractors) in connection with the User and this Website, or the User and any User Data or UQ Information, or using the User account of the User, are deemed to be the User’s acts and omissions as well as those of the individual in their other capacities.

Agents of Applicants

Users who use or purport to use this Website as an Applicant’s agent represent and warrant to the University that they are authorised by the Applicant to act on the Applicant’s behalf, including to agree to these OA Terms of Use and provide the consents in clause 6, and to prepare and submit Applications, on the Applicant’s behalf.

4. Storage, submission and other uses of User Data

What is User Data?

User Data’ means all documents, data, communications and other information (including any Applications and other Application Information) related to a User or an Applicant that is generated by, stored on or transmitted through use of, this Website, or that is created by or for the University or that is provided by any means to the University by any person; and in respect of a particular Application or Applicant: User Data of an Applicant’s agent, parent or legal guardian includes User Data of the Applicant; and User Data of the Applicant includes the User Data of their agent, parent and legal guardian; and User Data of an Authorised Partner includes the User Data of each Applicant linked to the Authorised Partner’s User account.

Storage, submission and other uses of User Data

User Data may be stored on this Website. The University will take reasonable steps to keep such User Data confidential, subject to the University’s rights and obligations to use, disclose and otherwise deal with it (including under any consents).

When User Data is stored on this Website or submitted to the University it becomes the University’s property (if it is not already) so the University is not obligated to return it, but merely storing or submitting User Data does not transfer ownership of any intellectual property rights in it and you are free to change and delete your information in an Application until you submit it.

Generally, User Data stored on this Website will be kept by the University for a period it considers is reasonable. If the University contacts you about the deletion of User Data you should act promptly if you would like the University to consider if it can be kept.

Despite the foregoing, the University may keep or delete User Data as it determines in its discretion and without notice (for example, User Data may be kept for administrative or legal reasons or kept as de-identified information or it may be deleted if an Application is submitted or if a User account has not been active for a certain period or if there are security, storage capacity, legal or other requirements or concerns or if the University ceases to provide this Website).

5. Privacy

Collecting personal information and other information

Please review the OA Privacy Notice for information about the University’s collection, use, disclosure and other treatment of personal information. The University will also deal with personal information and other User Data in accordance with these OA Terms of Use and any other consents and permissions you provide.

Information agents provide about others

Agents of Applicants that provide personal information to the University about other individuals warrant to the University that they have the individual’s authority to provide the information, and give the consents in clause 6, on the individual’s behalf.

6. Consents regarding personal information and other User Data

In addition to any other consents or permissions you may have given, you consent to the University (including its contractors and other personnel):

For the purpose of the above consents, any reference to ‘personal information’ in the OA Privacy Notice is to be read as being a reference to ‘User Data’ (including Applications and all other kinds of User Data, whether or not it is personal information).

Applicants also consent to: (a) Authorised Partners assisting them, and agents, parents and legal guardians the Applicant has nominated, accessing the Applicant’s Application Information and other User Data and amending and submitting Applications for the Applicant; and (b) the University communicating and working with such persons (including accepting Applications and other User Data from them and disclosing it to them).

Withdrawing consent or refusing to provide information

Consents may be withdrawn at any time by providing notice to an appropriate employee of the University (for example, by email). Please see the contact details for the Right to Information and Privacy Office in the OA Privacy Notice.

You may also at any time refuse to provide any documentation or other information requested.

However, if you withdraw any consent or refuse to provide certain information, the University may determine in its absolute discretion whether or not to continue to deal with you or any related Applicant or Application.

The University is not required to undo anything done in accordance with a consent before it was withdrawn, except as required by any law that cannot be excluded. Where any consent has been withdrawn, the University may continue to keep, use, disclose and otherwise deal with User Data to the extent it is permitted or required to, or is not prohibited from doing so, under any law.

7. Processing and auditing Applications etc.

The University will administer Applications (including evaluate, verify, accept or reject them), make offers and process enrolments, in accordance with such policies, procedures and requirements it determines in its discretion from time to time (including as may be required by law). The University may at any time (including before or after you have submitted an Application or have received or accepted an offer and also if auditing an Application) ask you to resubmit User Data or provide additional documentation or information (including original documents and copies of originals certified as such by persons the University considers appropriate). If you do not do so when required to the University’s satisfaction, the University may suspend or cancel any related Application, offer and/or a User account and/or exercise its other rights (including, for example, rights under any offer terms if you have accepted an offer). The University may audit an Application at any time, including as stored on this Website before it is submitted or after it is submitted and even after an Applicant has accepted an offer and become a student.

8. Each User’s obligations regarding Applications, User Data, use of this Website etc.

Selecting courses and preparing Applications

You must use your own independent knowledge, skill and judgment in using this Website, selecting courses and programs of study and in preparing and submitting an Application.

Warranties

In respect of any User Data you provide to the University or its personnel you represent and warrant to the University that to the best of your knowledge (having made reasonable enquiries):

Submitting Applications for others

Authorised Partners preparing and/or submitting an Application must ensure: (a) the Applicant (and, if they are a minor, their parent or legal guardian) approves of the Authorised Partner’s activities and is aware of these OA Terms of Use, the OA Submission Terms and the OA Privacy Notice and has given the consents set out in clause 6; and (b) the University is promptly notified of any consent that is withheld or varied by the relevant Applicant or any other person connected with that Application.

Use of this Website

You must only use this Website in accordance with all applicable laws of Australia and of any country in which you use it and you must not do or fail to do anything that causes or contributes to an Application or the University contravening any law.

You must not, and must not allow, assist or enable any other person to, use this Website, UQ Information or User Data:

Access and use is restricted

Use of this Website is permitted on a restricted basis. You may only access and use a User account if the University issued it to you or if you are permitted under the ‘Passwords’ section below.

You do not have permission to reproduce or modify any part of this Website or UQ Information except where this occurs as a necessary part of using it in accordance with its intended purposes (such purposes being as reasonably determined by the University in the event of any dispute).

Passwords

You must keep each User account password you use secret and secure and you must ensure each such password is not disclosed to or used by any unauthorised person. User account passwords issued for use by an Authorised Partner (which includes use through its personnel) are deemed to be issued to the Authorised Partner and may be disclosed to the Authorised Partner’s employees that need to know it and, if the University approves in writing, to other specified personnel (including approved contractors). Authorised Partners must ensure their personnel keep the passwords secret and secure.

A User account password issued for use by an Applicant is deemed to be issued to the Applicant. If they are a minor it may be disclosed to the minor and to their agent, parent or legal guardian. Applicants and Authorised Partners must not disclose their passwords to each other. Passwords are only issued to either an Authorised Partner or an Applicant (although they may use them through individuals, such as their personnel or parent).

All use of this Website by an individual accessing it using a User account password issued to you is deemed to be your use as well as being use by the individual in their other capacities. If passwords are issued to you for different purposes (for example, administrator passwords issued for certain personnel to administer sub-accounts for your other personnel and other passwords issued for personnel sub-accounts for preparing and submitting Applications) you must ensure each such password is only used by the individual linked to it in the Website system and only for the purpose for which it is provided.

Linked accounts

The University may link User accounts (for example, of an Authorised Partner and its personnel and/or any Applicant the Authorised Partner assists) and may, in its absolute discretion, keep or remove any such link despite any User’s request to the contrary. Links may include associating User account identifiers.

Confidentiality

All UQ Information (except an Applicant’s confidential information you or the Applicant included in an Application) is the University’s ‘Confidential Information’.

You must keep the University’s Confidential Information confidential and must not use it for any purpose except for the purposes of making Applications and using this Website in accordance with this agreement.

You may disclose the University’s Confidential Information:

Use or disclosure of the University’s Confidential Information by a person who obtains it directly or indirectly from or through an Applicant’s agent or an Authorised Partner or their employees, subcontractors or other personnel, is deemed to be the use or disclosure of the agent or Authorised Partner (as the case may be) as well as use by that other person.

Suggestions and feedback

If you provide any suggestions or feedback regarding changes or improvements to this Website or Applications or University courses or processes you irrevocably agree the University may use (including incorporate, modify and exploit) the suggestions or feedback in any way the University desires without any payment to you and without any further permission from you.

9. DISCLAIMERS

The University excludes all representations, warranties and guarantees of any kind except for those implied or incorporated by the Australian Consumer Law under the Commonwealth Competition and Consumer Act 2010 or any other law which cannot be excluded. The University does not represent or warrant the accuracy, currency or completeness of any UQ Information or this Website or that they are free of defects or errors or that any University course, this Website or any UQ Information is fit for any purpose or that it will operate as intended or that it will be maintained or available for use.

10. LIABILITY EXCLUSIONS AND LIMITATIONS

To the extent permitted by law:

  1. neither the University, nor its personnel, will be liable under any legal theory whatsoever to you or to any person claiming through you, for any loss, damage, cost, expense or liability of any kind (whether characterised as direct, indirect, consequential or otherwise) that you or any other person suffers or incurs in connection with any UQ Information or this Website or their use or any defect or error in them or in connection with any Application or other User Data (including in connection with its loss, corruption or deletion or any failure to receive, store or process it, including if due to the fault or negligence of the University or its personnel), including if the risk thereof was foreseeable or known by the University or its personnel;
  2. in respect of any liability (under any legal theory) that cannot by law be excluded but which the University is not prohibited from limiting, such liability of the University and its personnel is limited:
    1. for breach of warranties or guarantees implied or incorporated by law that cannot be excluded – as set out in paragraph (c) of this clause; and
    2. in all other cases, for each claim and for all claims in the aggregate – to the greater of one hundred dollars (AUD$100) and any application fee paid by the Applicant to the University (if any); and
  3. in respect of liability for any warranty or guarantee implied or incorporated by law that cannot be excluded but can be limited, the University’s total liability (to the extent it is not prohibited from doing so) is limited to the following (and, to extent permitted by law, at the University’s option): (i) in the case of goods, the repair or replacement of the goods or the supply of equivalent goods or payment of the cost of repairing or replacing the goods or of acquiring equivalent goods; and (ii) in the case of services, supplying the services again or payment of the cost of having the services supplied again.

All provisions of this agreement continue after you cease using this Website and, except for clauses 2 and 12 of this document and your express obligations in the OA Submission Terms to do something, continue after it is terminated or expires.

11. University may change, suspend, terminate etc courses, accounts or this Website or delete User Data

The University may in its absolute discretion do any one or more of the following at any time with or without cause and without liability or any prior notice to you (and, to the extent permitted by law, without having to give any reasons):

12. Changes to the terms of this agreement

The University may vary this agreement (including these OA Terms of Use, the OA Submission Terms and/or the OA Privacy Notice) at any time without notice, including by adding to, amending or replacing it in whole or part.

You are deemed to have agreed to any such change the next time you use this Website: (a) after such change; or (b) if the University notifies you of the change (for example, on this Website or by email) – after the later of delivery of such notice and any effective date specified in it. If you do not agree with the change you are free to immediately cease all use of this Website.

13. Definitions and references

In this agreement, except where the context requires otherwise, a reference (including in its other grammatical forms) to:

14. General provisions

Governing law: To the full extent permitted by law: this agreement is to be construed in accordance with the laws in force in the State of Queensland, Australia; and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland and the Federal Court of Australia and any courts with jurisdiction to hear appeals from such courts.

Assignment: You must not assign this agreement or any part without the University’s prior written consent.

Severance: If any provision of this agreement is void, voidable or unenforceable it is to be read down so as to be valid and if it cannot be read down then it is to be severed in the relevant jurisdiction unless that would be contrary to public policy.

Interpretation: In this agreement: a word denoting the singular includes the plural and vice versa; a reference to this agreement or another document or any law is to that agreement or other document or law as varied, supplemented or replaced from time to time; a reference to a party includes that party's executors, administrators, successors and permitted assigns; where a word or phrase is given a particular meaning, other parts of speech or grammatical forms of that word or phrase have corresponding meanings; headings are for convenience and do not affect interpretation; and the term ‘includes’ or ‘including’ is not to be read as a word of limitation.