Rubric is committed to maintaining the confidentiality, integrity and security of all personal information of our users. This Privacy & Security Policy outlines how we protect personal information provided through Rubric and its Service (the “Service”)

1. Acceptance of Terms

1.1. This website, app, platform and any service offered under the name “Rubric” (“Service”) is operated and owned by MySmock Pty Ltd (ACN 163 916 603) and its subsidiaries (“us”, “we” and “our”).
1.2. Your use of this Service is subject to these terms of use (“Terms”). The Terms include our Privacy Policy and any other policy displayed on the Service.
1.3. The Terms constitute a binding legal agreement between you and us, and your continued use of the website constitutes your acceptance of these Terms. If you do not agree to the Terms and our Privacy Policy, you must immediately cease using the Service.
1.4. We may amend or modify the Service and/or the Terms at our sole discretion and at any time. Any amendments are effective immediately upon publication on the Service. Your continued use of the Service indicates your continued acceptance of the Terms as modified.
1.5. These Terms will prevail over any other terms or agreement between you and us, and constitute the entire agreement between us and you unless another agreement issued by us explicitly states that its terms supplement these Terms.

2. Warrant of Authority

2.1. Your use of the Service is conditional on you being:

2.1.a. over 18, or if under 18 then you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a “Minor”) to create an account, you agree to exercise supervision over the Minor’s use of our website and account and assume all risks associated with the Minor’s use of our website and their account, including the transmission of content or information to and from third parties via the Internet.
2.1.b. a resident of a country or region in Australia, New Zealand, Canada, United Kingdom, and the United States (“Permitted Region”), using the Service in the Permitted Region and only with credit, debit or prepaid cards issued by financial institutions in your Permitted Region.
Accordingly, by using the Service, you warrant this to us. If the above conditions are not satisfied, please cease using the Service immediately.

3. Registration

3.1. You may be required to be a registered member to access certain features of our website.
3.2. When you register, you will provide us with personal information such as your name and email address and other details (“Personal Information”). Please note the exception to Personal Information in clause ‎4. You must ensure that the Personal Information is accurate and current. We will handle all Personal Information we collect in accordance with our Privacy Policy. We may disclose the Personal Information to third parties that help us deliver our services (including information technology suppliers, communication ‘suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services or products to you. By providing Personal Information to us, you consent to the collection, use, storage and disclosure of that Personal Information as described in the Privacy Policy and these Terms.
3.3. We will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. You must not to share your account credentials with any third party. We do not authorise anyone to use the service on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
3.4. You must not impersonate any other person and you must not use the Service using anyone else’s credentials. In case you try to present yourself as another person or entity, your account may be terminated, suspended and legal action may be taken against you.

4. Critical Information

4.1. Some of the Services constitute a tool (“Tool”) that you may use to login to third parties’ portals such as (but not limited to) university student portals (“University Portal”). To do this, the Tool may ask you to provide your login credentials for your relevant university student portal and/or enter credit card details of any other login credential of that nature (together, “Critical Information”).
4.2. Your Critical Information:
4.2.a. is stored on your device only;
4.2.b. does not form a part of the Personal Information;
4.2.c. is not disclosed, visible or accessible to us or any third-party as a result of being stored on your device.

4.3. You agree that you will use the Tool to retrieve personal information about you from a University Portal (for example, your student timetable) and any such information will be treated as, and be considered, Personal Information. For clarity, the Tool is not able to delete, edit or modify any information on a University Portal.
4.4. At all times, you are able to remove or delete any data including the Critical Information. If you are having difficulty doing so, please contact our support (support@hellorubric.com) immediately.
4.5. You agree to the manner the Critical Information is stored and may be used in accordance with this clause ‎4. You hereby waive, forever release, and indemnify us from any claim, loss or liability howsoever arising in relation to this clause or the Critical Information (unless we breach the terms of this clause). These Terms may be pleaded as a bar to proceedings.

5. Your Content

5.1. Where the Service allows you to upload any content whatsoever to the Service (with the exception of Critical Information) (“Your Content”), you:
5.1.a. agree that Your Content be stored for you on our servers in accordance with our Privacy Policy;
5.1.b. to the full extent permitted by law, grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Your Content in any way (including, without limitation, by reproducing, modifying, and communicating the Your Content to the public) and permit us to authorise any other person to do the same thing;
5.1.c. to the full extent permitted by law, consent to any act or omission by us which would otherwise constitute an infringement of your moral rights under the Copyright Act 1968 (Cth) (“Copyright Act”) in relation to the Your Content; and
5.1.d. acknowledge and agree that we may delete, modify, or otherwise exploit in any manner contemplated by the Copyright Act any Your Content submitted to or via the Service by you.

5.2. In each instance when you upload Your Content to or via the Service, you:
5.2.a. represent and warrant to us that you have all right, title, interest and authority in the Your Content which is necessary to grant the licences and consents set out in clauses 2.1(a) and 2.1(b);
5.2.b. represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any Your Content in the manner contemplated by these Terms;
5.2.c. represent and warrant to us that the use or exploitation of Your Content by us or any other user of the Service will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights); and
5.2.d. agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the Your Content to or via the Service.
5.3. This clause 2 will survive termination of these Terms.

6. Your conduct

6.1. In using the Service, you must:
6.1.a. strictly comply with these Terms (including any policy);
6.1.b. obey any reasonable direction issued by us;
6.1.c. obey all laws whatsoever (including international law) which may apply in respect of your use of the Service.
6.1.d. not take any action that is likely to impose upon the Service or our (or its third party service providers) a disproportionately large load;
6.1.e. not interfere with the proper working of the Service or any activities conducted via the Service, including by using any automated or manual software or process to “crawl”, “spider” or engage in similar conduct in relation to the Service;
6.1.f. except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Service;

6.1.g. not add any Your Content:
6.1.g.i. unless you hold all necessary rights, licences and consents to do so;
6.1.g.ii. that may result in you or us breaching any law, regulation, rule, code or other legal obligation;
6.1.g.iii. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
6.1.g.iv. that would bring us or the Service into disrepute;
6.1.g.vi. that you know (or ought reasonably suspect) is false, misleading, untruthful or inaccurate;
6.1.g.vii. that contains unsolicited or unauthorised advertising (including junk mail or spam); or
6.1.g.viii. that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functionality of the Service, or obtain unauthorised access to any system, information, security device belonging to us or any third party.

7. Merchants

7.1. The Service allows you to visit and transact with various merchants (“Merchants”).
7.2. Merchants may impose their fees for goods or services offered through the Service. When you transact with a Merchant or deal with a Merchant in any way, you are entering into a transaction with the Merchant and not with us. We merely offer the Service to facilitate payments. We are not responsible or liable for the fees or the goods or services being quoted.
7.3. We make no warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied (“Warranties”) as to any Merchant or anything offered or quoted by the Merchant whatsoever.
7.4. We make no Warranties as to maintaining any Merchant within the Service for any period of time and we reserve the right to change Merchants at any time in our sole discretion.
7.5. Please note that Merchants may collect and store data about you, which we may process on the Merchant’s behalf, but is ultimately under the Merchant’s control and subject to the Merchant’s privacy policy and any terms and conditions you might enter into.
7.6. In the event that a Merchant elects to cease participation in the Platform, we will not continue to process your data for such Merchant. However, usage of data, if any, that you have already provided through the Platform to such Merchants will be subject to that merchant own privacy policies which you must carefully review before using their services or buying their goods.
7.7.All Merchants must read and agree to our Data Processing Addendum [below], which is incorporated into these Terms.

8. Fees

8.1. You agree to pay all fees disclosed on the Service (“Fees”).
8.2.Unless otherwise stated, all fees and all transactions are in AUD. All fees are exclusive of applicable federal, state, local, or other taxes.
8.3. Merchants may impose fees on their products or services. Such fees are entirely up to the Merchants and we have no liability or control in relation to them.
8.4. You or other users may receive offers from third parties, such as discounts, sponsorships, or other benefits. We are not involved in any dealings or payments between you and third parties, and these Terms do not govern such transactions.
8.5. A monthly inactivity fee will be applied at 12% of the available balance or $20, which ever is greater, every 30 days. These fees will be applied to accounts inactive for more than 6 months with a non-zero account balance, without required information for a settlement
8.6. By providing your bank account details on your Rubric Profile, you agree to this Direct Debit Request and the Direct Debit Request service agreement, and authorise Stripe Payments Australia Pty Ltd ACN 160 180 343 Direct Debit User ID number 507156 (“Stripe”) to debit your account through the Bulk Electronic Clearing System (BECS) on behalf of Rubric for any amounts separately communicated to you by the Merchant. You certify that you are either an account holder or an authorised signatory on the account attached for settlements on your Rubric Profile.

9. Intellectual Property Rights

9.1. Except where otherwise indicated, we are the sole owners or licensee of all intellectual property comprised in the Service (including all intellectual property comprised in the Service content and any branding, logos, names etc), and nothing in these Terms constitutes a transfer of any intellectual property rights in or related to the Service or Service content.
9.2. You acknowledge and agree that the Service and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Service.
9.3. You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Service content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
9.4. You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause ‎9 and that equitable or injunctive relief may be necessary.

10. Third party sites

10.1. The Service may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
10.2.You acknowledge and agree that when you access a third-party website available via a link contained on the Service:
10.2.a. you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;
10.2.b. we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
10.2.c. you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Service.

11. Third party services

11.1. In order to use the Service, you may also use various other services or devices offered by other third-parties (including but not limited to, carriers, operating systems, mobile devices, software, hardware, applications etc) (“Third-Party Services”).
11.2. You warrant to us that you will comply with any terms of use or legal agreements you must agree to in order to use the relevant Third-Party Services.
11.3. We are not liable for anything loss arising in relation to a Third-Party Service, including but not limited to:
11.3.a. any failure of or issue with such Third-Party Service;
11.3.b. your breach of the terms of use for the Third-Party Service; and
11.3.c. your misuse of the Third-Party Service.

12. Disclaimer and limitation of liability

12.1. We exclude all Warranties other than those expressly set out in these Terms.
12.2. We exclude any Warranties in relation to the accuracy, suitability, completeness, fitness for purpose, quality or anything else in relation to the goods or services offered by, through, or on the Service.
12.3. You acknowledge that you must only rely on your own enquiries in relation to such goods and services or any other information or material contained on the Service. You should not rely on any information on the Service to make business decisions.
12.4. We provide the Service on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to the Service, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Service.
12.5. We are not responsible for any action of any third-party, user, or Participating Merchant. Any dealings you have with such parties are exclusively entered into between you and them.
12.6.In the event that we terminate the Service or your access to the Service pursuant these Terms, you release us from all liability, loss or claims suffered by you as result of or arising out of such termination.

12.7.To the extent that legislation or other law restricts our right to exclude Warranties under these Terms, these Terms must be read subject to those provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions:
12.7.a. in the case of goods:
12.7.a.i. the replacement of the goods or the supply of equivalent goods;
12.7.a.ii. the payment of the cost of replacing the goods or of acquiring equivalent goods; and
12.7.b. in the case of services:
12.7.b.i. the supply of the services again; or
12.7.b.ii. the payment of the cost of having the services supplied again.

12.8. Our liability arising in connection with these Terms or the Service is limited as follows:
12.8.a. we are not liable for any consequential, special, indirect or remote loss;
12.8.b. our total maximum total liability arising in connection with these Terms is capped to the total price of any goods or services subject of the liability;
12.8.c. our liability is limited to the extent that you contributed to the liability;
12.8.d. we will not be liable to any claim commenced later than 6 months after you had become aware of the facts giving rise to it; and
12.8.c. our liability is subject to your duty to mitigate your loss.
12.9. All of the above subclauses are cumulative to one another.

13. Release

13.1.You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (“Released Parties”) from any loss, liability, damage, costs, expenses, claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (“Loss”), arising in connection with any transaction with any third-party or your interactions with other members. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waive.

14. Indemnity

14.1. You agree to indemnify, defend and hold all the Released Parties harmless from any Claims, made by any third-party due to or arising out of:
14.1.a. your breach of these terms; and
14.1.b your negligence or your violation of any law, statute, ordinance or regulation or the rights of a third party (including intellectual property infringement).
14.2. You agree to promptly notify us of any such third-party claims, cooperate with all Released Parties in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, legal fees). You agree not to settle any claim without our prior written consent.

15. Termination

15.1. These Terms terminate automatically if we cease to operate the Service for any reason (although any clauses which are reasonably intended to survive termination survive).
15.2. You acknowledge and agree that:
15.2.b. we may terminate your access to the Service at any time without giving any explanation without any further liability to you.
15.2.c. Termination of these Terms or your access to the Service does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.

16. Cookies

16.1. If you are a registered user of our Platform we will use “cookies” or similar technologies in order to ensure that you are able to stay logged into our Platform. Cookies help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages on the Bench Platform, a cookie helps us to recall your specific information on subsequent visits. When you return to the same page of the Bench Platform, the information you previously provided can be retrieved, so you can easily use the customized features.
16.2. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Platform.

17. General

17.1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
17.2. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
17.3. These Terms are governed by the laws of NSW, Australia, New Zealand, Canada & the United Kingdom and each party submits to the jurisdiction of the courts of that State and all courts of appeal therefrom.
17.4. Any waiver of any term on these Terms by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.

18. Sponsorship

18.1. All sponsorship offers provided by Rubric are bound by Terms set out in section 18
18.2. UK College Ball sponsorship offers require individual agreements issued by Rubric, tailored to specific colleges
18.3. Eligibility for sponsorship, depending on the promotional campaign, requires society organisers to sell and process memberships/tickets/merchandise through Rubric