General Terms of Use

Agreement between User and the James Cook University Medical Students’ Association Incorporated (JCUMSA)

The James Cook University Students’ Association (JCUMSA) is comprised of various Web pages and subdomains operated by the JCUMSA. The JCUMSA Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the JCUMSA Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of these Terms of Use

JCUMSA reserves the right to change the terms, conditions, and notices under which the JCUMSA Web Site is offered, including but not limited to the charges associated with the use of the JCUMSA Web Site.

No Unlawful or Prohibited Use

As a condition of your use of the JCUMSA Web Site, you warrant to the JCUMSA that you will not use the JCUMSA Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the JCUMSA Web Site in any manner which could damage, disable, overburden, or impair the JCUMSA Web Site or interfere with any other party’s use and enjoyment of the JCUMSA Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the JCUMSA Web Sites.

Use of Communication Services

The JCUMSA Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

The JCUMSA has no obligation to monitor the Communication Services. However, the JCUMSA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The JCUMSA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The JCUMSA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the JCUMSA’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The JCUMSA does not control or endorse the content, messages or information found in any Communication Service and, therefore, the JCUMSA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Managers and hosts are not authorized JCUMSA spokespersons, and their views do not necessarily reflect those of the JCUMSA. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to the JCUMSA or Posted at any JCUMSA Web Site

The JCUMSA does not claim ownership of the materials you provide to JCUMSA (including feedback and suggestions) or post, upload, input or submit to any JCUMSA Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the JCUMSA, its affiliated committees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. JCUMSA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the JCUMSA’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE JCUMSA WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE JCUMSA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE JCUMSA WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE JCUMSA WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE JCUMSA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE JCUMSA WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. JCUMSA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JCUMSA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE JCUMSA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE JCUMSA WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE JCUMSA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE JCUMSA WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JCUMSA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE JCUMSA WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE JCUMSA WEB SITE.

Service Contact

[email protected]

Termination/Access Restriction

The JCUMSA reserves the right, in its sole discretion, to terminate your access to the JCUMSA Web Site and the related services or any portion thereof at any time, without notice.

General

To the maximum extent permitted by law, this agreement is governed by the laws of the Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Australia in all disputes arising out of or relating to the use of the JCUMSA Web Site. Use of the JCUMSA Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the JCUMSA as a result of this agreement or use of the JCUMSA Web Site. JCUMSA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of JCUMSA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the JCUMSA Web Site or information provided to or gathered by the JCUMSA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Payment Terms of Use

1. Direct Obligations of the Customer

By utilising the JCUMSA Online Payment Services and all associated aspects of the JCUMSA website, all customers expressly agree:

1.1. To provide to the best of their knowledge, true and correct information;

1.2. That knowingly purchasing a GOLD-discounted ticket when not a JCUMSA Gold Member may result in being barred entry to future JCUMSA events and/or order cancellation, at the discretion of the JCUMSA Executive as per the disciplinary procedures below. This includes a GOLD member purchasing additional GOLD-discounted tickets for non-GOLD members;

Please note that the IT Officer, on behalf of the JCUMSA Executive conducts regular audits of JCUMSA GOLD-discounted orders to verify whether the purchaser has GOLD membership and is thus eligible for the discount. This auditing process also involves assessment of multiple tickets in one order by verifying the JCUMSA GOLD-status of the additional tickets. It should be clarified as per the JCUMSA Terms of Use, having JCUMSA GOLD Membership does NOT mean you can purchase GOLD-discounted tickets for other non-GOLD individuals. Any such orders found to be fraudulent due to a failed cross-match between the JCUMSA Store with the JCUMSA Gold Membership Database will be flagged and passed on to the JCUMSA Executive who will follow the disciplinary decision making matrix as follows. All offenses will be recorded in a secure online database for record-keeping.

1.2.1. FIRST OFFENSE: offender will be given a written warning, and will be offered either to purchase a JCUMSA GOLD Membership (specific to their MBBS Year) within (7) days OR if they wish to retain their status as a Basic (Non-GOLD) Member, request a refund by submitting a JCUMSA Store Refund application within (7) days so they can purchase the correct non-GOLD discounted ticket to that event. If neither action is taken in (7) days, their order will be automatically cancelled and refunded (customers will be notified when this occurs) and they (and any additional ticket holders if relevant) will have to purchase another ticket (if still available) if they still wish to attend. If found to have purchased a GOLD-discounted ticket for a non-GOLD member, the same applies above, except all additional ticket holders will have to purchase a JCUMSA Gold Membership for the order to be deemed valid (this ONLY applies where the additional ticket holders are Med students and thus are eligible for GOLD membership; if the additional ticket holders are NOT med students, then only option 2 is relevant) OR alternatively individuals have the option to request a partial refund of the order to the value of all the illegitimate GOLD-discounted tickets in that order if the additional ticket holders do not wish to sign up (or cannot sign up) as GOLD members. Purchasing another GOLD-discounted ticket after having been automatically refunded by the Treasurer for failing to fulfill the outcomes set above will be considered an immediate progression to a second strike offense (below).

1.2.2. SECOND OFFENSE: If found to have repeated this offense, the JCUMSA Executive will authorise the immediate cancellation of their order to that event followed by an automated merchant refund from the Treasurer (customers will again be notified when this occurs). They (the ticket purchaser, not any additional ticket holders) will then be advised that they have been refused entry to that event. The offender will be notified of this, and will be warned that purchasing another ticket despite being barred from entry to the event will not overturn the decision of the JCUMSA Executive, and they will not be given another refund if they choose to do this.

1.2.3. SUBSEQUENT OFFENSES: Each subsequent breach will result in a (6) month suspension from JCUMSA Events. If this occurs, you will be notified by email by the JCUMSA President explaining the situation and your order will be cancelled and refunded by the Treasurer. Your name will be given to the IT Officer, and if found to have purchased a ticket to any other JCUMSA Event during this period of suspension, your order(s) will be cancelled without refund.

An example of breaching the aforementioned JCUMSA Payment Terms of Use and thus leading to a ‘1st strike offense’ is as follows. James is a second year med student who wishes to attend Med Ball that year. He is a JCUMSA Gold Member, having bought membership at the Welcome BBQ the year before when he was in MBBS Year 1. When ticket sales go up on the website, he is messaged by one of his friends, Nolan who is also in Year 2. Nolan is not a JCUMSA Gold Member. Nolan asks James if he can buy him a JCUMSA Gold-discounted ticket, given that he knows James is a Gold Member and can get cheaper tickets to events. James doesn’t check with Nolan whether he is a Gold Member or not, and purchases (2) Gold-discounted tickets for Med Ball. A random audit is conducted by the IT Officer, and it is found Nolan is not in the JCUMSA Gold Membership Database. James therefore has his 1st strike for breaching the JCUMSA ‘Payment Terms of Use’ recorded and is offered (2) options as per the consequences above. It doesn’t matter that James may not have known whether Nolan wasn’t a JCUMSA Gold Member – it is the responsibility of the ticket purchaser to check that first, and if any doubt is there, refuse to purchase a ticket for them.

1.2.4. Appeals to the JCUSMA Executive will only be accepted in extreme circumstances, and will be unlikely to overturn a decision; 

1.2.5. The (7) days and (6) months stipulated in 1.2.1 and 1.2.3, respectively, begins from the time that the JCUSMA Executive has been made aware of the breach of JCUMSA’s Terms of Use.

1.2.6. Strikes against one’s name are kept securely, only available to the JCUMSA Executive. However, as this is a serious offense and we think (1) warning is sufficient, we do not see it appropriate that the ‘strikes’ should lapse after a certain period of time. Thus, strikes will remain for the entirety of one’s medical degree and will not “reset” to 0 at any time.

1.3. To endeavour to comply with all requests from the JCUMSA in direct relation to any order made by the said customer as soon as is practicable;

1.4. That they have read and understood this document, being the JCUMSA Terms of Use;

2. Associated Conduct of the Customer

By utilising the JCUMSA Online Payment Services to purchase tickets to JCUMSA events, all customers agree to be bound by:

2.1. The JCUMSA Events Code of Conduct and other policies as directed by the JCUMSA which may relate to any specified event run by the JCUMSA or any associated body as determined by the JCUMSA;

2.2. Any directions of the JCUMSA Executive or the relevant Event Organisers at any JCUMSA event when any facet of the customers conduct may be deemed to breach a JCUMSA policy. Directions are not limited to, but may include;

2.2.1. Any customer must leave a venue at the direction of the JCUMSA Executive;

2.2.2. Any customer may be refused further service of alcohol at the direction of the JCUMSA Executive.

2.3. The requirements and restrictions of the venue of any particular JCUMSA event, including, but not limited to:

2.3.1. The minimum age requirement at the said venue;

2.3.2. Codes of conduct of the venue in question; and

2.3.3. The reasonable requests of the employees of the said venue.

3. Disclaimer of Warranties and Limitation of Liability

To the full extent permissible by applicable law, the JCUMSA hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. Notwithstanding the requirements conferred on the JCUMSA by its official documents regarding its Online Payment Services, and the legal requirements thus incurred, the JCUMSA will not be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site and the associated products solely at your own risk.

4. Privacy Policy

Please be sure to read our Privacy policy, as incorporated in this website below.

5. Refund Policy

Please be sure to read our Refunds policy, as incorporated in this website below.

6. Site Currency

All prices listed on this website are in Australian Dollars.

7. Modification of These Terms of Use

The JCUMSA reserves the right to change, at any time, at the sole discretion of the JCUMSA Executive, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms included herein.

This policy was last updated on July 17, 2021.

Refunds Policy

The policy of the JCUMSA regarding refunds for purchases made by customers through our online payment services OR our in person EFTPOS system states:

1. Refunds will be processed by the JCUMSA Treasury for reasonable circumstances.

1.1. ‘Reasonable circumstances’ includes, but is not limited to; unforeseeable events or family emergencies preventing attendance at a ticketed event, defects with physical products purchased (see 1.3), errors made during purchasing, unforeseen event date changes that affect attendance, event cancellations, personal health reasons. 

1.2. ‘Reasonable circumstances’ does not include change of mind.

1.3 Refunds for physical items (ie. merchandise) purchased on the website will only be processed if there is a serious fault with the item that could not be identified at the time of purchasing, and only in cases where there is no option for a suitable replacement.

2. Sections 2-6 relate to ticketed “virtual” items purchased off the website. In relation to a ticket purchased on the store for events, before an application can be processed, customers must attempt to sell their ticket to another student for at least (7) days, except in the case of (2.3) or (2.4), and if that fails then move to applying for a refund.

2.1. If a customer is successful in re-selling their ticket privately, it is imperative that either the old ticket holder or the new ticket holder message the JCUMSA FaceBook page to ensure the ticket’s name changes to the new customer.

2.1.1. The message to JCUMSA should include the name and order number of the old-ticket holder and the name and email address of the new ticket holder, so we can update our database and send out a confirmation email to the new ticket holder.

2.2. Successful refunds may take up to (14) days to process following submission, unless the Treasurer and President agree that expedience is imperative, as in the case of an event with limited tickets remaining.

2.3. For events that have strictly limited tickets (contact JCUMSA to clarify what events are limited), to ensure other students have the opportunity to attend, a refund application can be made after (1) day of selling the ticket to no success, instead of the usual (7) days.

2.4 For events that are cancelled, the requirement to attempt to re-sell their ticket(s) is waived.

2.5 Except in the case of (2.4), refund applications submitted after closure of ticket sales (as advertised on the Event page) will be immediately rejected. This is because event venues often request final numbers shortly before the event date, and are unable to change these lists to facilitate a refund of this type.

3. The JCUMSA shall contain on its website the JCUMSA Store Refund Application Form;

3.1. Only applications for refunds submitted in this manner and providing full information in compliance with the Application Form will be considered by the JCUMSA Executive.

4. All decisions regarding the outcome of refund applications, including reasons for the refusal or granting of such application shall be made by the joint agreement of the Treasurer and President;

4.1. The discussion regarding such application will remain, in all cases outside of (4.2), confidential from all other parties, including the other Executive members and the Non-Executive officers of the JCUMSA;

4.2. Where the Treasurer and President disagree on the outcome of the refund decision, the final decision shall be made at the next fortnightly executive meeting by a majority vote by the JCUMSA executive. 

4.3. In the case of a tie, the President casts a tie-breaking vote.

5. In the event of the determination of a refund application, the JCUMSA President and Treasurer shall have full rights to decide:

5.1. Whether any refund is provided; and

5.2. A total or partial refund of any monetary amount is provided.

6. If the JCUMSA President and Treasurer unanimously agrees to provide any refund:

6.1. The JCUMSA Treasurer shall notify the customer within (1) week of the date of the decision to provide the total or partial refund:

6.1.1. The JCUMSA Treasurer will notify the customer of the date upon which the decision was made;

6.1.2. The JCUMSA Treasurer will notify the customer of the amount to be refunded.

6.2. The refund will be provided to the customer in question within (14) days of the decision to provide the relevant refund.

7. In cases where there is a breach of the Payment Terms of Use (as per s1.2), and no action has been taken by an offender by the deadline given to them, an automated merchant refund will be processed and authorised by the Treasurer without prior request from original purchaser. Customers will be notified when this occurs.

8. Absolutely no appeal or argument will be accepted in regards to any application for any refund, whether the application is rejected outright, considered and dismissed, considered and partially approved, or considered and fully approved.

This policy was last updated on June 20, 2021.

Privacy Policy

General Information

JCUMSA takes data privacy extremely seriously and has strict provisions in place to prevent unauthorised release and access to our members’ data.

For each visitor to the JCUMSA website, the web server does not recognise and store any information regarding the domain or email address.

Upon request the JCUMSA provides site visitors with access to all information (including proprietary information) that the JCUMSA maintain about them. Consumers can access this information by contacting JCUMSA. Consumers may have this information corrected by contacting JCUMSA.

The JCUMSA has appropriate security measures in place within physical facilities to protect against the loss, misuse or alteration of information that the JCUMSA has collected from you on the JCUMSA website. In this regard, please observe the SSL certificate evidencing the guarantee of an independent party that the online payment service is secure. Further, Google reCAPTCHA has been implemented alongside Honeypot protection in all forms on the website to prevent bot attacks.

All information collected through the website (store orders and through website forms) is deleted from the website database after (3) years by the IT Officer, starting January 2022, excluding history of Gold Membership orders. This should be conducted at the start of every third year from this date, during the month of January. It is to be verified by an independent 3rd party (non-JCUMSA member), reported in the first Executive general meeting by the President and reflected in the minutes. 

If you feel that this site is not following its stated information policy, you may contact JCUMSA.

Store Orders

With regards to store orders, the JCUMSA website collects only payment information (e.g., credit card number and billing address) that is volunteered by customers, and any other relevant information that is required by the JCUMSA to successfully process any orders placed by customers. 

The information collected is only disclosed when legally required to do so, at the request of governmental authorities conducting an investigation to verify or enforce compliance with the policies governing our website and applicable laws or to protect against misuse or unauthorized use of our website. Your information processed through the store can only be accessed by members of the Executive, and is only to be used for purposes of tracking orders. 

The JCUMSA does not make your email address available to other organisations, except where you have explicitly opted in to a program of this sort. 

The JCUMSA does not make your phone number or postal address available to any other party or organisation, in all circumstances unless subpoenaed by a government agency. 

If you supply the JCUMSA with your postal address on-line you will only receive the information or product for which was the purpose of provided your address to the JCUMSA. 

Persons who supply the JCUMSA with their telephone numbers on-line will only receive telephone contact from the JCUMSA with information regarding orders they have placed on-line, and only in exceptional circumstances. In all other cases, JCUMSA will engage in correspondence with customers about their orders via email.

If you are aware of any abuse of Executive permissions to share user data for non-JCUMSA related purposes, please submit an anonymous report here

Website Forms

All information submitted through the JCUMSA website forms (ie. Contact the Executive Form, Store Refund Form) is stored securely using HTTPS end-to-end encryption protocols on a cloud database solely owned and accessible only to select JCUMSA Executive members. SSH and SFTP logins are used to prevent brute-force attacks by unauthorised third parties, and Cloudflare® is used to prevent DDOS attacks. In forms that allow anonymous submissions but require only (1) submission per individual, JCUMSA may use IP blocking tools to prevent multiple submissions, however JCUMSA can neither access nor save this IP which may be stored.

JCUMSA may use 3rd party services (incl. Google Drive) to store data for sharing with other Executive members, but not to operate the form itself (unless otherwise stated). In this case, strict sharing settings are in place to prevent unauthorised access. Google Drive’s Privacy Policy can be accessed here.

Content submitted through forms on the JCUMSA website may be subject to spam analysis by WPMUDEV. (Privacy Policy)

The JCUMSA does not partner with or have special relationships with any Ad Server companies.