eSmart Digital Licence

TERMS OF USE

IMPORTANT NOTE: ONLY A PARENT, LEGAL GUARDIAN OR AUTHORISED TEACHER OF THE CHILD PARTICIPATING IN THE eSMART DIGITAL LICENCE PROGRAM MAY AGREE TO THESE TERMS

By activating the eSmart Digital Licence program, you are entering into a legally binding agreement with The Alannah and Madeline Foundation Limited (ACN 090 752 800) as trustee of The Alannah and Madeline Foundation (AMF, we, us and our). In consideration of us granting access to the eSmart Digital Licence program to you and/or any child for whom you register and activate an account (each, a participating child), you agree to be bound by and abide by the terms and conditions set out in these Terms.

1. Overview of eSmart Digital Licence program

   1. The purpose of the eSmart Digital Licence program is to assist parents, carers and teachers to discuss smart, safe and responsible online behaviour with children by providing an interactive online program for children, covering key cyberspace safety topics.

   2. Participating children will be issued with a 'Digital Licence' on the successful completion of all applicable safety modules. To avoid any doubt, a 'Digital Licence' constitutes a certificate for the successful completion of the applicable safety modules and does not constitute or give effect to a permission or the grant or conferral of any rights.

   3. In order for a child to access the eSmart Digital Licence program (and to obtain a 'Digital Licence' certifying the child's successful completion of the applicable safety modules), a parent, legal guardian or authorised teacher of the child must activate the eSmart Digital Licence program for the child.

2. Registration of user account

   1. When activating the eSmart Digital Licence program for a child, you must provide accurate, complete and up-to-date information as requested on the registration page for the eSmart Digital Licence program (including in relation to that child).

   2. In activating the eSmart Digital Licence program for a child, you warrant that:

      1. you are a parent or legal guardian of the child, or a teacher who is authorised to activate the eSmart Digital Licence program for that child in accordance with in section 3.2(a); and

      2. you will at all times supervise the child's participation in the eSmart Digital Licence program:

         1. at home, if you are a parent or legal guardian; or

         2. at the child's school, if you are an authorised teacher.

3. Use in schools

   1. Before activating the eSmart Digital Licence program for a child you must first obtain, from a parent or legal guardian of that child:

      1. all necessary consents required by law (including privacy laws) to permit you to activate the eSmart Digital Licence program for the child and to permit us to collect and disclose personal information in accordance with section 12; and

      2. confirmation in writing that the parent or legal guardian will supervise the child's participation in the eSmart Digital Licence program at home [and will comply with section 5 of these Terms].

   2. Subject to section 3.1, you are permitted to activate the eSmart Digital Licence program:

      1. for up to 30 children per class of Grade 6 children; and unlimited (except by the number of accounts that you purchase)

      2. where your role designates that you are accountable for more than one class, for a maximum of 4 classes.

4. Intellectual property rights

   Unless otherwise indicated, we (and/or our third party licensors) own the copyright and other intellectual property rights in the text, graphics, information, designs, data and other content comprised in the eSmart Digital Licence program or otherwise appearing on the website. While you may browse or print the content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the eSmart Digital Licence program or any other content appearing on the website for any other purpose. All trade marks appearing on the website belong to their respective owners. You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.

5. Restrictions on use

   1. You agree to access and use (and to permit each participating child to access and use) the eSmart Digital Licence program and the website only in accordance with these Terms and applicable laws. Without limiting the previous sentence, you must not (and you must ensure that each participating child does not):

      1. use the eSmart Digital Licence program (or any content and/or services provided or made available through the website) for any purpose other than as permitted by these Terms;

      2. remove or tamper with any copyright notices on the website;

      3. disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from the website (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));

      4. copy or download, in a systematic manner, any text, graphics, information, designs, data or other content comprised in the eSmart Digital Licence program or otherwise appearing on the website, or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content; or

      5. incorporate the eSmart Digital Licence program or any other content appearing on the website in any product to be made available commercially (unless we expressly agree otherwise with you).

   2. You must not, directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code into the website, or in any other manner whatsoever corrupt, degrade or disrupt the website.

6. Links to other Sites

   We may, from time to time, publish links to other third party sites on the website. These links are provided for your convenience only and by accessing these third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.

7. General disclaimers

   1. The eSmart Digital Licence program, and all content and/or services provided or made available through the website, are made available to you on an 'as is' and 'as available' basis.

   2. You acknowledge and agree that to the extent possible under the law, and subject to section 10, we make no representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency or security of the eSmart Digital Licence program or the website. We will not be liable if the eSmart Digital Licence program (or any content provided on or made available through the website) is incomplete, corrupted, inaccurate, outdated or incorrect, or if the eSmart Digital Licence program (or any services provided or made available through the website) are unavailable for any reason, including directly or indirectly as a result of:

      1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

      2. negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);

      3. maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of the eSmart Digital Licence program;

      4. any events beyond our control; or

      5. services provided by third parties ceasing or becoming unavailable.

   3. You also acknowledge and agree that to the extent possible under the law, and subject to section 10, we do not represent, warrant or guarantee that the website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

8. Specific disclaimers

   1. You acknowledge and agree that the eSmart Digital Licence program is intended to assist parents, carers and authorised teachers to discuss smart, safe and responsible online behaviour with participating children, and that it is not intended to provide comprehensive information or instruction in relation to safe internet use by children.

   2. Without limiting section 7, we do not warrant that:

      1. the eSmart Digital Licence program covers all current cyberspace safety topics relevant to children; or

      2. a participating child's participation in the eSmart Digital Licence program will protect that participating child from, or minimise that participating child's risk of harm arising in relation to, unsafe internet use.

9. Release and indemnity

   1. You release and agree to hold us harmless from any loss, actions, proceedings, cost and expenses (including legal fees), claims and damages suffered or incurred by you or a participating child arising as a result of or in connection with:

      1. your or a participating child's participation in, and/or reliance on, the eSmart Digital Licence program;

      2. your or a participating child's use of the website or any third party sites accessed via the website; and

      3. a participating child's use of the internet.

   2. You indemnify us against all loss, actions, proceedings, cost and expenses (including legal fees), claims and damages suffered or incurred by us arising directly or indirectly out of or in connection with:

      1. a breach by you of these Terms;

      2. loss of or damage to any property or injury to or death of any person caused by any act or omission by you or a participating child; or

      3. any claim by a third party against us relating to:

         1. your or a participating child's participation in, and/or reliance on, the eSmart Digital Licence program; or

         2. a participating child's use of the internet.

10. Consumer guarantees

    To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. However, if a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to (at our option):

    1. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

    2. in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

11. Exclusion of liability

    Subject to section 10 and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:

    1. in connection with or in any way relating to the eSmart Digital Licence program or any content and/or services provided or made available through the website, including in connection with:

       1. any inaccuracy or incompleteness of the eSmart Digital Licence program or the content; and

       2. any disruption to or unavailability or failure of the eSmart Digital Licence program or the website or interference with or damage to computer systems or other electronic devices;

    2. arising from any circumstance beyond our control; and

    3. otherwise under or in connection with these Terms.

12. Privacy collection statement

    1. The types of personal information we collect may include your name, address, phone number and email address, and the name and age of any participating child.

    2. We collect personal information for the purpose of:

       1. providing you with access to the eSmart Digital Licence program (and issuing a participating child with a 'Digital Licence' on the successful completion of the applicable safety modules);

       2. assessing inquiries for the provision of our services;

       3. direct marketing;

       4. the general management and conduct of our business; and

       5. complying with our legal obligations.

    3. If you do not provide the information requested, you will not be able to activate the eSmart Digital program.

    4. The organisations to whom we typically disclose this information include organisations contracted to provide services to us (such as organisations who may operate and manage the website from time to time on our behalf).

    5. The AMF Privacy Policy is available at www.digitallicence.com.au and contains information about how you can make a complaint about a breach of the Australian Privacy Principles, how we will deal with such complaints, how you can request access to personal information held about you, and how you can seek to correct such information. You can contact us by calling 1300 668 056 or by sending us a message via the 'Contact Us' section of our website.

13. Termination

    Without prejudice to any other rights or remedies that we may have against you under this agreement or at law, if you breach any provision of these Terms, we may, by giving you written notice, disable your access to the eSmart Digital Licence program, without any liability to you.

14. Comments and complaints

    If you are having difficulties accessing the eSmart Digital Licence program or would like to lodge a query or complaint, please contact us at 03 9697 0666 We take your feedback seriously and will promptly investigate and respond to all genuine complaints.

15. General

    1. We may change these Terms from time to time. If we reasonably consider that the change is likely to:

       1. benefit you or have a neutral or minor detrimental impact on you, we may change these Terms by making such changes immediately without notifying you except by publishing these Terms as amended on website; or

       2. have a significant detrimental impact on you, we will make such changes to these Terms no sooner than 10 days after we have notified you of those changes on the home page of the website.

       If you do not accept a change made by us to these Terms, you must immediately cease using the website.

    2. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

    3. If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.

    4. These Terms will be governed by and construed in accordance with the laws in force in Victoria, and you unconditionally submit to the jurisdiction of the courts of Victoria. Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.

    5. These Terms are the entire agreement between us on their subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing or in some other format).