Learning Potential Mobile Application - Terms and Conditions

This is an agreement between You and the Commonwealth of Australia, represented by the Australian Government Department of Education and Training (referred to as ‘the Department’, ‘We’, ‘Our’ or ‘Us’ in these terms and conditions), governing Your use of the Learning Potential Mobile Application (Mobile App).

Please read these terms and conditions carefully.

By clicking ‘I Accept’ or taking steps to install the Mobile App on your mobile or other electronic device (Device), You agree to be bound by them.

These terms and conditions continue to apply unless We notify You of replacement or amended terms and conditions (see General Terms), in which case those terms and conditions will apply to Your use of the Mobile App.

Your use of the Mobile App

We grant You a limited, non-transferable, non-exclusive, revocable licence to install and use the Mobile App on Your Device for personal and educational purposes.

You must not use the Mobile App for any commercial purpose.

The licence We grant to You does not extend to You:

  1. installing and using the Mobile App on any Device other than a Device that You own or control;
  2. copying, modifying, adapting, extracting (for example, downloading), reproducing or distributing any part of, or material in (including but not limited to licensed third party images), the Mobile App, unless explicitly allowed by Us;
  3. reverse engineering any part of the Mobile App;
  4. using any licensed third party images as a stand-alone file;
  5. using any of the trade names, trademarks, service marks, logos, domain names, design layouts and other distinctive brand features in the Mobile App; and
  6. removing, obscuring or altering any legal notices displayed in the Mobile App.

Updating the Mobile App

We may, at Our sole discretion, change, add or remove  any of the functionality or the design of the Mobile App at any time without notice to You. If We do update the Mobile App, these terms and conditions will govern any such update to the Mobile App.

Collection and use of non-personal information

We may collect, use and disclose non-personal information, which will include technical, data and related information, about Your Device, Your use of the Mobile App and the Mobile App, to facilitate ongoing development, quality assurance and updating to the Mobile App. You agree that this information can be collected, used and disclosed by Us so long as it is not personal information.

We may collect, use and disclose non-personal information about Your content preferences selected in the Mobile App for the purposes of enabling the Mobile App to send You notifications and to facilitate ongoing development, quality assurance and updating to the Mobile App. You agree that this information can be collected, used and disclosed by Us so long as it is not personal information.

Please note that We will not collect any location information about Your Device or Your use of the Mobile Apple.

Privacy and personal information

Please note: “personal information” is as defined in the Privacy Act 1988 (Cth).

You are not required to provide any personal information in order to access and use the Mobile App.

The Mobile App does contain some functions that enable You to use personal information, however if You decide to not use any personal information in the Mobile App then that will not affect the functionality of the Mobile App.

Any personal information You use in the Mobile App is provided voluntarily by You.

Any personal information You use in the Mobile App will only be stored on Your Device and will not be collected by Us.

We do not have access to, nor can We obtain, any personal information You use in the Mobile App.

We do not have control over any personal information You use in the Mobile App, which is stored on Your Device, and You are fully responsible for the storage and security of that information in conjunction with any applicable privacy policies of the operator of Your Device (e.g. Apple or Google Play).

For general information purposes, Our privacy policy is available here: http://www.education.gov.au/privacy-policy.

Links to, and content on, websites through the Mobile App

Department links and content

You acknowledge that the Mobile App provides links to content accessible through the Department of Education and Training Learning Potential Mobile Application website. These links provides access to information provided by Us.

External links and content

If the Mobile App includes content that is made available by a third party, or includes a link to a third party website (being someone other than Us), then You agree that We are not responsible for examining or evaluating, or the accuracy or completeness of, that content.

The information and links are provided for convenience only and You should not rely on that as a statement of Australian Government policy or advice by Us on any particular matter.

We are not responsible for the content and privacy practices of third party websites. We recommend that You examine each website’s Privacy Policy separately.

Disclaimer

We have used Our best endeavours to ensure that the information provided on the Mobile App is correct and current at the time We made the Mobile App generally available for download. You should make sure that You regularly check for any updates to the Mobile App that are available to download.

To the maximum extent permitted by law:

  1. We make no warranty, express or implied, that the information included in or accessed through the Mobile App is correct or current;
  2. as the Mobile App is provided on an ‘as is’ basis, We make no warranties that the Mobile App is error free, fit for purpose, that any defects with the Mobile App will be rectified, or that the Mobile App will not have unintended effects on the operation of Your Device;
  3. We (and Our employees and agents) exclude any liability We may have to You or anyone else that uses the Mobile App on Your Device for any loss, including loss of benefits, damage, cost or expense, whether direct, indirect, consequential or otherwise arising from or in connection with the use of the Mobile App.

Copyright in the Mobile App

The Mobile App, including the content contained within it, is subject to copyright.

The Commonwealth of Australian owns the intellectual property in the Mobile App, including all content contained in the Mobile App, or makes available certain content contained in the Mobile App under licence from a third party.

Your use of the Mobile App in no way transfers or assigns ownership in any intellectual property rights (including copyright) to You.

Further restriction on use of the Mobile App

You must not attempt to circumvent, disable or defeat any of the security features or components that protect the Mobile App and You must not assist, authorise or encourage others to do so.

You must not use the Mobile App to infringe any law, regulation, order or legislative instrument or to commit fraud or other offences.

General Terms

We may terminate this agreement and revoke Your licence to install and use the Mobile App at any time. If We notify You that We have terminated this agreement, You must stop using the Mobile App and promptly remove it from Your Device.

We may amend or replace these terms and conditions from time to time by notice to You. If You do not agree to those amendments, You should cease to use the Mobile App and remove it from Your Device.

You must not assign, sub-licence or novate any part of this agreement.

This agreement constitutes the entire agreement between you and us in connection with the Mobile App.

If any part of this agreement is illegal or unenforceable, We may remove it and the remaining parts will continue in force.

This agreement is governed by the law of the Australian Capital Territory.

Contact Information

If you have any questions about these terms and conditions or the Mobile App, or need further information, please refer to the Contact Us screen in the Mobile App.

Our privacy policy (available here: http://www.education.gov.au/privacy-policy) applies to any personal information You provide Us when contacting Us.

We will only use the personal information You provide Us when contacting Us for the purposes of responding to You.

Last modified on Friday 4 December 2015 [337|357]