Terms and Conditions

These Terms apply to your access to and use of the website owned and operated by The Yeshivah and Beth Rivkah Colleges Inc. and Chabad Institutions of Australia Inc. (we, us and our) and located at www.ybrcaps.com (Website).

The Website hosts a portal for the CAPS Program. Using this portal (CAPS Portal), you may be able to:

a. use the CAPS Calculator to obtain an estimate of the school fees which may be payable should your Application for participation in the CAPS Program be successful;
b. view and access various documents relating to the CAPS Program and your Application; and
c. submit information and documentation in support of your Application.

These Terms govern all persons who have submitted, or wish to submit, an Application or otherwise wish to access or utilise the CAPS Portal (including to use the CAPS Calculator). Please read these Terms carefully before accessing or using the CAPS Portal or proceeding any further.

By clicking the ‘I accept’ button or otherwise confirming your acceptance electronically or commencing use of the CAPS Portal, and in consideration of us allowing you to access the CAPS Portal you:

a. agree that you have read, understood and will be bound by these Terms;

b. acknowledge and accept that we are not obligated to accept an Application from you; and
c. consent to us communicating with you electronically.

Definitions

The following definitions apply in these Terms:

a. Application means any application made through the CAPS Portal to participate in the CAPS Program.
b. CAPS Calculator means any calculators on the CAPS Portal which can be used to calculate an estimate of the school fees which may be payable by a family should that family be accepted into the CAPS Program.
c. CAPS Program means any scheme operated by us under which the school fees for students from the same household are determined as a percentage of the household’s annual income.
d. Content means documentation, information, correspondence or other similar content including (without limitation) content relating to your household circumstances and income.
e. Password means any username and password or other means of authentication which you are required to enter in order to be able to access the CAPS Portal.
f. Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not, and includes sensitive information.
g. Submit means to submit or post, upload to, transmit, distribute, store, create or otherwise publish.
h. Terms means these terms and conditions.

Access to the CAPS Portal

a. We may provide you with access to the CAPS Portal through which you may, amongst other things, be able to view information regarding the CAPS Program, use the CAPS Calculators and submit and manage your Application.
b. You may be provided with a Password in order for you to be able to access the CAPS Portal and you must ensure that any Password is securely maintained and used only by you.
c. You are responsible for:

i. providing and maintaining accurate, current and complete information as may be required by any forms on the CAPS Portal; and
ii. providing us with your identity and contact details and the identity of any children who you wish to attend our colleges under the CAPS Program.a.You acknowledge and agree that any document that appears on the CAPS Portal is not an offer from us on the terms of those documents.

Use of the CAPS Portal

a. You must not violate or attempt to violate the security of the CAPS Portal or the Website.
b. We take no responsibility and assume no liability for any Content which is Submitted by you to the CAPS Portal, or for any loss or damage thereto.
c. You agree not to Submit any of the following to the CAPS Portal:

i. any files with any viruses, malicious code or other conditions which could damage or interfere with data, hardware or software; or
ii. any Content that is in any way false, untrue or misleading.

d. You must comply with all directions we give to you regarding your access to, or use of, the CAPS Portal or Website (including directions posted on the CAPS Portal or Website).
e. You will be responsible for:

i. Submitting all Content into the CAPS Portal;
ii. obtaining all consents, permits or approvals necessary to Submit the Content into the CAPS Portal and for us to store the Content on the CAPS Portal; and
iii. ensuring the use of the CAPS Portal by you (including the Submitting of any Content) complies with all applicable law, regulations and codes of conduct.f.The CAPS Portal may contain links to third-party websites (Third Party Sites) and third-party content (Third Party Content). We do not monitor or have any control over, and make no claim or representation regarding, Third Party Content or Third-Party Sites and you agree that you use links to Third Party Sites, and any Third Party Content therein, at your own risk.

Applications

a. You acknowledge and declare that details and particulars of the financial position of your household included in your Application and all other information included in your application is true, correct and accurate in all respects and you will notify us if you become aware of any change or potential change in your, or your households, financial position or any other details included in your application.
b. We may base our assessment of your Application on the information that you have provided, our eligibility criteria for the CAPS Program and such other criteria we consider appropriate from time to time. Any decision regarding whether to accept you or your household for participation in the CAPS Program is at our absolute discretion and may be subject to verification of the information you provide to us (whether in your Application or otherwise).
c. If we approve or decline your Application, you consent to us notifying you of our acceptance or non acceptance via email.

CAPS Calculator

a. The CAPS Calculator is provided to assist you in making a decision regarding whether to submit an Application.
b. The results from the CAPS Calculator are estimates only and may not include any additional levies and charges that may be incurred as a result of a student’s enrolment at one of our colleges or other fees or charges specific to a student’s enrolment.
c. The CAPS Calculator, and the results generated, do not constitute any agreement by us to accept you into the CAPS Program or to offer you school fees at the amount displayed by the CAPS Calculator.
d. We are not responsible for the CAPS Calculator or its calculations and make no representations either expressly or impliedly concerning the CAPS Calculator or calculations. We accept no liability whatsoever in relation to the CAPS Calculator or calculations.

Hosting of CAPS Portal

a. From time to time the CAPS Portal may be unavailable for access or use (including for the undertaking of maintenance and upkeep of the CAPS Portal or Website) and we will not be held liable for the consequences of any CAPS Portal unavailability and do not make any representations or provide any warranties regarding the availability of the CAPS Portal or the timeframes within which any unavailability in respect of the CAPS Portal will be resolved.
b. While we will take all reasonable steps to ensure the security of the CAPS Portal, including by implementing and maintaining reasonable and current data protection procedures and technologies, data transmissions over the internet cannot be guaranteed to be totally secure and we do not warrant and cannot ensure the security of any information or Content provided or Submitted through the CAPS Portal.
c. You acknowledge that we do not provide back up or other similar services in respect of the Content and you are solely responsible for implementing your own back up and data retrieval procedures in respect of the Content.

Content and Intellectual Property Rights

a. We own all of the intellectual property rights in the CAPS Portal and Website (including any modification, alteration, development, new use or other change to CAPS Portal) and any Content on the CAPS Portal and Website, other than any Content Submitted by you, and you agree not to infringe any intellectual property rights in the CAPS Portal, Website or any Content on the CAPS Portal or Website (whether owned by us or a third party).
b. If you Submit any Content to the CAPS Portal, you:

i. grant us a nonexclusive, royalty-free right to use and reproduce such Content for the purposes of receiving and processing any Application you submit and otherwise administering your participation in the CAPS Program;
ii. represent and warrant that you own and control all of the rights to such Content or you otherwise have the lawful right to Submit such Content to or through the CAPS Portal.

Warranty and Disclaimer

a. You agree that the CAPS Portal and the Content are provided to you on an "as is" basis, and may contain errors, faults and inaccuracies and may not be complete and current or provided on an uninterrupted basis.
b. All terms implied by law, except those that can not be lawfully excluded, are excluded and you are responsible for implementing sufficient procedures to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the CAPS Portal for the reconstruction of any lost data.
c. We make no representations, warranties or guarantees of any kind, express or implied, as to the operation or suitability of the CAPS Portal or the Content, except as otherwise provided under applicable laws and we do not warrant or guarantee that the CAPS Portal will be compatible with, or capable or being used on or in connection with, your computer and communications systems.

Limitation of liability

To the fullest extent permitted by law, neither us nor our affiliates, subsidiaries, related bodies corporate, directors, officers, employees, agents, contractors, successors or assigns (collectively Related Bodies) will be liable for any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment (Loss) in relation to the use or access of the CAPS Portal or the Content by you (including any loss of your Content Submitted to the CAPS Portal). The limitation in this clause applies to direct, indirect, consequential, exemplary, incidental, special, punitive or any other losses or damages that you or others may suffer, as well as damages for loss of profits, goodwill, use, business interruption or the loss of data or information.

Privacy

a. You acknowledge that you have read and understood the CAPS privacy policy (Privacy Policy) and you agree to us collecting, storing, using, disclosing and otherwise handling your Personal Information:

i. for the purpose of assessing Applications for eligibility as part of the CAPS Program;
ii. to facilitate your household’s involvement in the CAPS Program;
iii. to manage your household’s participation in the CAPS Program should you household be accepted into the CAPS Program; and/or
iv. any other purpose set out in the Privacy Policy or otherwise in accordance with law.

b. You understand that:

i. you do not have an obligation to provide any Personal Information to us, or agree to these Terms, but in the event that you do not, we will be unable to allow you to use the CAPS Portal and provide you with the chance to submit an Application;
ii. you may request access to, or correction of, your Personal Information held by us in accordance with the Privacy Policy; and
iii. you may make enquiries or complaints about our handling of your Personal Information in accordance with the Privacy Policy.

Variation and amendment

a. We may amend these Terms at any time and all amendments will take effect immediately upon the Submitting by us of the amended Terms on the Website.
b. You are responsible for regularly reviewing these Terms and your continued use of the CAPS Portal constitutes your agreement to any such amended Terms. If you do not agree to any amended Terms, you must stop using the CAPS Portal and Content.
c. We may modify, suspend, discontinue or vary the Content, any features, appearance or functions of the CAPS Portal or the availability of the CAPS Portal or any Content at any time in our absolute discretion.

General

a. Your use of the CAPS Portal is governed by, construed and enforced in accordance with the laws of Victoria, Australia.  Disputes arising from your use of the CAPS Portal are exclusively subject to the jurisdiction of the courts of Victoria, Australia.
b. You must not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without our prior written approval. Any change in your effective control shall be deemed an assignment for the purpose of this clause.
c. Failure of either party to enforce any rights it has under these Terms will not be construed as a waiver of those rights, nor a limitation on the party's ability to subsequently exercise those rights.
d. If any provision of these Terms is held to be void, invalid or unenforceable, then that provision is severed to the minimum extent required, and the remaining provisions will remain in full force and effect.
e. No provision of these Terms will be construed to the disadvantage of us merely because we were responsible for the preparation of these Terms or the inclusion of the provision in these Terms.