End User Licence Agreement

it may be long but it's very important

  1. Governing Document
    1. The terms of this document govern the relationship between the licensee (you) and Tap for Teacher Pty Ltd (ACN 605 346 450) (Company) in respect of use of the Software and Services by a user (User) being a natural person that is either:
      1. you, where you acquire the Software and Services for your own use, whether you are a job seeker seeking permanent or temporary employment (Job Seeker) or seeking to employ staff (Job Advertiser); and/or
      2. your employees, agents or contractors, if you are a school or other institution acting as a Job Advertiser, and acquire the Software and Services to enable your employees, agents or contractors to locate and communicate with potentially suitable Job Seekers.
    2. The User's entitlement to use the Software and Services is conditional upon you agreeing to the terms set out in this document. The Software and Services are offered to you for use by the User on condition that you read and accept this document and agree to be bound by its terms.
    3. By you and/or the User installing, using or accessing the Software or Services, you are considered to have accepted the terms set out in this document. If you do not agree with or otherwise wish to accept the terms set out in this document, you must not, and must not allow the User to, install, use or access the Software and/or the Services.
    4. If you are not the User, you must procure and otherwise ensure that the User complies with the terms of this document in all respects, and agree that you will be responsible for, and indemnify the Company against, any claims made against the Company, and all losses and damages sustained by the Company (whether directly, indirectly, consequentially or in any other way) arising from or otherwise connected to any breach of this document by the User.
  2. Definitions and interpretation clauses
    1. Definitions
      Apple means Apple Inc. of 1 Infinite Loop, Cupertino, California, USA.
      Device means a single device owned or controlled by the User.
      Fees means the fees described in clause 7.1(a) and 7.1(b).
      Generated Content means content generated, created, made or otherwise brought about as a result of using the Software and/or the Services.
      Intellectual Property includes all rights throughout the world in relation to patents, copyright (including moral rights), designs, registered and unregistered trade marks, trade secrets, know-how and confidential information and all other intellectual property and any right to register those rights, whether created before or after the date of this document, and in all cases for the duration of those rights and any renewal.
      iOS App Store means the App Store operated by Apple in respect of its devices running the iOS operating system.
      Payment Processors means parties nominated by the Company to receive and process payments on its behalf, and may include the Providers.
      Products means other products and services offered by the Company from time to time, which may be offered through the Website or through other distribution channels, but do not include the Software or the Services.
      Provider means a third party provider that provides the User with access to the Software, or certain functionality integrated within the Software or Services. Examples of potential Providers include Apple and Google Inc.
      Services means services offered by the Company for use in conjunction with the Software (if any), and includes but is not limited to all content, functionality, features, interactive forums and noticeboards, and other applications available from time to time through the Software.
      Software means the software application for mobile devices to which this document applies.
      Update means an update supplied by the Company that replaces or supplements the original Software.
      Website means the Company's website located at www.tapforteacher.com.au.
    2. Interpretation

      In this document unless a contrary intention is expressed:

      1. headings and italicised, highlighted or bold type do not affect the interpretation of this document;
      2. the singular includes the plural and the plural includes the singular;
      3. a gender includes all other genders;
      4. other parts of speech and grammatical forms of a word or phrase defined in this document have a corresponding meaning;
      5. a reference to a 'person' includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality);
      6. a reference to any thing (including any right) includes a part of that thing, but nothing in this clause 2.2(f) implies that performance of part of an obligation constitutes performance of the obligation;
      7. a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, this document and a reference to this document includes any clause, annexure, exhibit and schedule;
      8. a reference to a document (including this document) includes all amendments or supplements to, or replacements or novations of, that document;
      9. a reference to a party to any document includes that party's successors and permitted assigns;
      10. a reference to time is to Adelaide, South Australia time;
      11. a reference to an agreement other than this document includes an undertaking, deed, agreement or legally enforceable arrangement or understanding whether or not in writing;
      12. a reference to a document includes any agreement or contract in writing, or any certificate, notice, deed, instrument or other document of any kind;
      13. a provision of this document may not be construed adversely to a party solely on the ground that the party was responsible for the preparation of this document or the preparation or proposal of that provision;
      14. a reference to a body, other than a party to this document (including an institute, association or authority), whether statutory or not, which ceases to exist or whose powers or functions are transferred to another body, is a reference to the body which replaces it or which substantially succeeds to its powers or functions;
      15. the words 'include', 'including', 'for example', 'such as' or any form of those words or similar expressions in this document do not limit what else is included and must be construed as if they are followed by the words 'without limitation', unless there is express wording to the contrary;
      16. a reference to a day is to the period of time commencing at midnight and ending 24 hours later;
      17. if a period of time is specified and dates from a day or the day of an act, event or circumstance, that period is to be determined exclusive of that day; and
      18. a reference to '$', 'A$', 'AUD', 'dollars' or 'Dollars' is a reference to the lawful currency of the Commonwealth of Australia.
  3. Software
    1. Software Licence

      Subject to the terms of this document, the Company grants the User a non-exclusive, non-transferable licence to:
      1. if the Software was acquired from the iOS App Store, use the Software on a single Device as permitted by the Usage Rules set forth in the iOS App Store Terms of Service (which can be viewed at http://www.apple.com/legal/itunes/au/terms.html), or such greater number of Devices as is provided for in Apple's Usage Rules; and
      2. 2. use the Software on a single Device, in all other cases.
    2. Restrictions

      1. 1. You and the User must not rent, lease, lend, sell, transfer, redistribute or sublicense the Software, or make the Software available over a network where it could be used by multiple Devices at the same time unless permitted by Apple's Usage Rules. If you or the User sell or otherwise dispose of, transfer or assign any Devices containing the Software, any copies of the Software must be removed before doing so.
      2. 2. Other than as expressly provided in this document or otherwise permitted by law, you and the User must not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, or any part thereof.
    3. Intellectual Property

      The Company retains all right, title and interest to all Intellectual Property rights subsisting in the Software, any Updates, the Services, and any part thereof.

  4. Updates
    1. Terms

      The terms of this document (as amended pursuant to clause 19.1), will govern any Updates, unless such an Update is accompanied by a separate licence supplied by the Company in which case the terms of that licence will govern.
    2. Acknowledgements

      The User acknowledges and agrees that the Company:
      1. is under no obligation to provide any Updates;
      2. can offer optional paid Updates;
      3. can use Updates to add, remove, modify or otherwise alter features of the Software at its sole discretion, and that such changes will not be a breach of this document;
      4. can require the User to install Updates to the Software in order to continue using the Services; and
      5. can provide Updates in such a manner that the Software is unable to be reverted to its previous state.
    3. Other Software

      In order to obtain, install, update, access, use, or continue to access or use the Software and/or Services, the User may also be required to update third party software (such as the operating system) on its Device.

      The User acknowledges and agrees that:
      1. the Company is not responsible for such third party updates;
      2. such third party updates may be subject to their own terms and conditions, which the Company strongly recommends the User review prior to implementing the third party update; and
      3. if the User is unable or unwilling to obtain or install such third party updates, the User may be unable to obtain, install, update, access, use, or continue to access or use the Software and/or Services.
  5. Services
    1. Licence

      Subject to the terms of this document, the Company grants the User a non-exclusive, non-transferable licence to use the Services. The User can only use the Services in connection with Software offered by the Company.
    2. Modification

      The Company can modify or cease to offer the Services, or any part thereof, at any time without prior notice to you or the User.
    3. Risk

      The User acknowledges and agrees that it uses the Services at its own risk.

      To the fullest extent permitted by applicable law, the Company does not accept liability for any claims or losses arising directly or indirectly from:

      1. a failure to provide any Software or Service, or any part thereof;
      2. corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, any Service or Software;
      3. any suspension or discontinuance of any Service, or any part thereof; or
      4. any use of the Services by other users, including any use of the Services by other users in manner which contravenes this document.
  6. Products
    1. You and/or the User may be required to obtain and/or use certain other Products of the Company in order for the User to obtain, install, update, access, use, or continue to access or use the Software and/or Services.
    2. Acquisition and/or use of the Products may be subject to fees and separate terms and conditions. You and/or the User are responsible for these fees, and ensuring that installation and use of the Software and/or Services does not cause you to breach any such terms.
    3. You specifically acknowledge that:
      1. the User may not be able to use the Software and/or Services, or particular features or functionality thereof, without certain Products;
      2. the User's ongoing use of the Software and/or Services may be dependent on continued access to or use of other Products;
      3. you and/or the User are responsible for all costs associated with obtaining any other Products;
      4. the Company may vary the fees associated with its Products at its sole discretion (subject to any agreement between you and the Company to the contrary); and
      5. you and/or the User may be required to update or otherwise maintain the Products in order to maintain interoperability with the Software and/or the Services.
  7. Fees
    1. Fees may be payable
      1. The Company can in its discretion charge you fees, in consideration of the grant of the licence to the Software and the Services provided for in clauses 3.1 and 5.1. As at the date of this document, Job Seekers are not charged fees, but Job Advertisers may be.
      2. The Company may, in addition to the amounts described in clause 7.1(a), charge you and/or the User further fees as a requirement of access to or use of the Software, the Services, and/or any features or functionality of either or both.
      3. The User's entitlement to use and continue to use the Software and/or the Services will be subject to payment of the relevant fees, if charged by the Company, by either you or the User (as applicable).
    2. Nature of Fees

      The Fees may be charged on a one-off or a recurring basis, as notified by the Company from time to time, and will be payable in accordance with the payment terms notified by the Company.
    3. Variation of Fees

      The Company reserves the right to vary the amount of the Fees, or introduce new Fees, at its sole discretion. Such variations and new Fees will be effective from the date specified by the Company, but will not be retrospective.
    4. Payment Processors
      1. The Company may use Payment Processors to receive the Fees from you.
      2. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this document.
      3. The Company is not responsible for any errors by the Payment Processors, or their practices.
    5. Disabling Functionality

      In the event that you fail to pay the applicable Fees by the due date stipulated by the Company, the Company may disable the relevant features and/or functionality of the Software and/or Services and/or disable the accounts of relevant Users.
    6. Refunds

      In no circumstances will any fees you have paid to the Company be refunded to you, subject to clauses 15(c) and 15(d).
  8. User Account
    1. Requirement

      In order to use the Software and/or the Services, or parts thereof, the User may be required to create a user account. Each User must only register a single account to use the Software; multiple accounts are not permitted.

      Job Seekers will be able to create a single user account that can be used both on the Website and in connection with the Software and/or Services, and must comply with the Terms and Conditions applicable to the Website (as found at http://school.tapforteacher.com.au/terms-conditions), which are incorporated into this document by reference.

      Job Advertisers may be required to create a separate user account to use in connection with the Software and/or Services, in addition to any Website user account that a Job Advertiser and/or its Users may have. In order to create an account to use the Software and Services, Job Advertisers must be a registered Australian school, listed on www.myschool.edu.au. No other entity or person will be permitted to register an account as a Job Advertiser or use the Software or Services without the prior written consent of the Company, which will be granted by the Company in its sole discretion.

      By creating an account, you warrant and represent to the Company that:

      1. the User is 18 years of age or older;
      2. the account holder is a genuine Job Seeker or Job Advertiser and it and its Users will use the Software and/or the Services for genuine, lawful purposes only (and, without limitation, will not seek to infringe the rights of the Company);
      3. any information submitted is truthful and accurate, and the accuracy of such information will be maintained; and
      4. use of the Software and the Services by you and the User does not violate any applicable laws or regulations.
    2. Security

      The User is responsible for protecting the confidentiality of its password. You acknowledge and agree that you will be responsible for any activities engaged in using the User's account, whether or not access is authorised by you or the User.
    3. Suspension or termination

      The Company reserves the right to suspend, block and/or terminate the User's account, or any other account of a Job Advertiser or Job Seeker, at any time in its discretion for any reasonable reason, including but not limited to if you or the User breach the terms of this document. If an account is suspended, blocked or terminated by the Company, you and the User must not access any other user accounts, or create any further user accounts.
  9. User Interaction

    The Software and/or Services may enable the User to communicate with Job Seekers, Job Advertisers and other users, or to post materials that may be made publically available.

    You acknowledge and agree that:

    1. the primary purpose of the Software is to allow Job Seekers and Job Advertisers to identify each other and communicate regarding the hiring by Job Advertisers of Job Seekers for temporary engagements;
    2. you and/or the User are solely responsible for interactions with Job Seekers, Job Advertisers and other users, and the Company has no control over how any information or user content that may be disseminated via the Software or Services may be used by recipients, including Job Advertisers in the case of Job Seekers. The Company is under no obligation to become involved in any dispute involving any Job Advertiser, Job Seeker or other users;
    3. if you are a Job Advertiser, you are solely responsible for ensuring that any Job Seekers you may wish to engage are appropriately qualified, accredited and registered (including, but not limited to, by holding all required professional registrations and police clearances). The Company does not warrant, represent or guarantee that Job Advertisers will locate any suitable candidates for casual, temporary or permanent employment via the Software or the Services, and in no circumstances will the Company be responsible in any way for Job Seekers;
    4. if you are Job Seeker, the Company does not warrant, represent or guarantee that you will be engaged by any Job Advertiser or other party for casual, temporary or permanent employment;
    5. any information or material submitted by you and any Users using the Software or a Service will be treated by the Company as non-confidential and non-proprietary and the Company can use such material without restriction or compensation to you or the User or any other party;
    6. you grant the Company a perpetual, irrevocable, licence-fee free, royalty free, worldwide, non-exclusive, sub-licensable right to use any Intellectual Property and other information or material created or submitted by you using the Software and/or the Services, and will procure that the User does the same, where you are not the User, in respect of Intellectual Property and other information or material created or submitted by the relevant User through its use of the Software and/or Services;
    7. you and the User will not use the Software or Services to create, post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, amounts to harassment or is otherwise objectionable;
    8. you and the User will not use the Software or Services to post or transmit any unsolicited advertising or promotional material;
    9. you and the User will not use the Software or Services for commercial purposes. If you are a Job Advertiser, use of the Services to advertise positions you are genuinely recruiting for will not be regarded as a prohibited commercial use, provided that you have paid relevant fees to the Company as required by clause 7.1;
    10. any material that you or the User posts or transmits can be removed by the Company without notice at any time, for any reason including no reason;
    11. you and the User will not post or transmit any Intellectual Property or other material owned by another person or entity. You warrant and represent that all material posted is original work and not sourced from any third party, and that you and/or the User are the sole owner of all associated Intellectual Property;
    12. you and the User will not post or transmit any material which contains viruses or other computer code, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
    13. the Company does not accept any responsibility or liability for the accuracy or content of posts or transmissions made by other users of the Software or Services, and the Company is not liable for any loss or damage of any kind, or any claim, resulting from any action taken or reliance made by you or the User regarding any Intellectual Property or other information or material obtained from another user and/or made available by another user, including for the avoidance of doubt if you are a Job Seeker interacting with a Job Advertiser; and
    14. you and the User, and not the Company, are responsible for resolving any disputes you may have with other users of the Software or Services.
  10. Advertising

    1. the Software and/or the Services may feature advertisements from the Company and/or third parties;
    2. the Company may at its sole discretion introduce advertising into any Software or Services that do not presently contain advertising;
    3. the Company is not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and the User views such third party websites and materials at its sole risk; and
    4. the provision of information to third party advertisers by the Company is permitted and governed by the Company's Privacy Policy (see clause 18).
  11. Your Obligations
    1. Restricted Parties

      You and the User warrant and represent that the following statements are true and correct:
      1. you and the User are not located in a country that is subject to an embargo by the government of the United States of America or the Commonwealth of Australia; and
      2. you and the User are not included on any list of prohibited or restricted parties by the government of the United States of America or the Commonwealth of Australia.
    2. Third Party Services

      1. The User may be required to use certain third party services (for example, a Provider's software marketplace) in order to obtain, install, update, access, use, or continue to access or use the Software and/or Services.
      2. Access to the Software and/or Services, or parts thereof, may require the User's Device to be connected to the internet or require other third party services.
      3. The User's use of third party services may be subject to fees and separate terms and conditions, and you acknowledge that the Company is not liable for the activities of any such third parties.
      4. The User must comply with any applicable third party terms of agreement when using the Software and/or Services. You and the User are responsible for ensuring that your installation and use of the Software and/or Services does not cause the User to exceed any data usage quotas or other limitations that may apply to the User's internet service or other services acquired from third parties.
      5. The Software and Services may contain links (including via advertisements) to third party websites or other third party content or services. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them, and that the User's use of any third party content or services may be subject to separate terms and conditions.
    3. Restrictions

      You agree that you and the User will not:
      1. attempt to disrupt the normal operation of the Software or Services, or any infrastructure operated by the Company or other business activities of the Company;
      2. attempt to gain unauthorised access to the Software and/or the Services;
      3. make any automated use of the Software and/or the Services;
      4. impersonate any other person in using of the Software and/or Services; or
      5. use the Software and/or the Services in connection with the actual or attempted contravention of any applicable laws.
  12. iOS App Store

    If you obtained the Software from the iOS App Store, you and the Company acknowledge and agree that:
    1. this document is concluded between you and the Company only, and not with Apple, and the Company, not Apple, is solely responsible for the Software and the content thereof;
    2. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software, either under this document or applicable law;
    3. the Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of the Software, including but not limited to:
      1. product liability claims;
      2. any claim that the Software fails to conform to any applicable legal or regulatory requirement; or
      3. claims arising under consumer protection or similar legislation;
    4. in the event of any third party claim that the Software or your possession and/or use of the Software infringes that third party's Intellectual Property rights, the Company, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim;
    5. Apple, and Apple's subsidiaries, are third party beneficiaries of this document; and
    6. upon your acceptance of this document, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third party beneficiary thereof.
  13. Support

    Unless otherwise specified in this document or agreed pursuant to a separate written agreement between you and the Company, the Company will not be obliged to support the Software or the Service, whether by providing advice, training, error-correction, modifications, updates (including Updates), new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to the use of the Software or the Service by you or the User.

  14. Duration of Licence
    1. Term

      Subject to the remainder of this clause, the licence granted to you and the User in clauses 3.1 and 5.1 is granted in perpetuity.
    2. Termination

      This licence can be immediately terminated by the Company in the following circumstances:

      1. you or the User are in breach of any term of this document, or threaten to breach any term of this document;
      2. you become the subject of insolvency proceedings, or threaten to do so;
      3. if you are an organisation or partnership, you are dissolved, or threaten to be dissolved;
      4. you cease business as an educational institution, if you are a Job Advertiser;
      5. you or the User destroy the Software for any reason, or threaten to do so; or
      6. you so elect in writing.

      You or the User can at any time elect to end the licence, at your discretion, by uninstalling the Software and not again using the Services.

      Upon termination, you and the User will destroy any remaining copies of the Software and any associated documentation or otherwise return or dispose of such material in the manner directed by the Company.

      Termination pursuant to this clause will not affect any rights or remedies which the Company may have otherwise under this document or at law.

      Nothing in this clause limits any right the Company may have pursuant to this document to modify the Software by way of Update, including by removing any features from the Software, or to modify or cease offering the Services or any part thereof.

  15. Warranty
    1. You acknowledge that the Software and Services cannot be guaranteed to be error free and further acknowledge that the existence of any such errors will not constitute a breach of this document.
    2. Except as expressly provided to the contrary in this document, and to the full extent permitted by applicable law, the Company will not be liable to you or the User for any loss, including special, indirect or consequential damages (such as loss of profits), or claim, arising out of breach of this document or arising out of the supply of defective Software or Services.
    3. Without limiting the preceding paragraph, to the full extent permitted by applicable law, the Company's liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by the Company, including the consumer guarantees set out in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and all similar or equivalent legislation, rules and regulations is limited to (at the Company's option):
      1. in the case of goods, including the Software (to the extent the Software is considered a good under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or
      2. in the case of services, including the Services – supplying the services again or paying the cost of having the services supplied again.
    4. Without limiting or affecting any other provision of this document, to the full extent permitted by applicable law, the Company's maximum aggregate liability to you for any losses you incur or claims you make against us is limited to the sum of AUD$10.
    5. You acknowledge that you have exercised your independent judgment in acquiring the Software and the Services and have not relied on any representation made by the Company which has not been stated expressly in this document or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by the Company.
    6. If you purchased the Software from the iOS App Store, in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by the Company in accordance with this document.
  16. Intellectual Property
    1. No Transfer

      Entry into this document does not constitute a transfer or conveyance of any Intellectual Property owned by the Company as at the date of this document, including but not limited to all Intellectual Property associated with the Software and the Services, or the Website and its functionality, features and content.

    2. Acknowledgement

      You acknowledge that the Software and any materials provided in the course of supplying the Services are protected by copyright and may also be protected as other forms of Intellectual Property owned by the Company. You and the User will not during or at any time after the termination of this document undertake or permit any act which infringes or attempts to infringe those Intellectual Property rights and, without limiting the generality of the foregoing, you specifically acknowledge that you and the User must not copy the Software except as otherwise expressly authorised or acknowledged by this document.

    3. Reverse Engineering

      You and the User must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Software or the Services, or any output from the Software or any files related to the Software or the Services

    4. Indemnity

      You will indemnify the Company fully against all liabilities, costs, losses, claims and expenses which the Company may incur to a third party as a result breach of any of the provisions of this document by you or the User.

    5. Generated Content

      The Software and/or the Services may allow the User to create Generated Content. To the extent that any Generated Content created by the User gives rise to any Intellectual Property rights, the User will retain ownership of these, and you will procure that the User grants to the Company a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable licence to use, exploit or modify its Generated Content in any way and for any purpose, without compensation to you or the User. You will also procure that the User further agrees not to enforce, and otherwise waives to the fullest extent legally possible, any moral rights that it may have now or in the future in respect of its Generated Content.

  17. Security
    1. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst the Company strives to protect such information, it does not warrant and cannot ensure the security of any information transmitted to it by you or the User. Accordingly, any information transmitted to the Company is transmitted at the risk of the sender. Nevertheless, once the Company receives transmissions from you or the User, it will take reasonable steps to preserve the security of such information.
    2. The User must take its own precautions to ensure that the process which they employ for accessing the Software and/or the Services does not expose them to the risk of viruses, malicious computer code or other forms of interference which may damage its Devices. For the removal of doubt, the Company does not accept responsibility for any interference or damage to the User's Devices which arises in connection with its use of the Software and/or the Services.
  18. Privacy
    1. Privacy Policy

      The Company undertakes to comply with the terms of its Privacy Policy in respect of the Software and the Services. This can be viewed at http://school.tapforteacher.com.au/privacy-policy, and this Privacy Policy is incorporated into, and forms part of, the terms of this document.

    2. Consent to Use of Data

      You and the User agree that the Company may collect and use technical data and related information, including but not limited to technical information about the Software, the Services, the Products, the User's Devices, system and application software, and peripherals that is gathered periodically. In addition to any other rights it may have to use this information pursuant to its Privacy Policy, the Company may use this information, as long as it is in a form that does not personally identify you or the User, to improve its products or to provide services or technologies to you or the User.

  19. General
    1. Amendment

      The Company reserves the right to amend, revise or replace this document from time to time. Amendments, revisions and replacements will be effective immediately upon posting through the Software or via the Website, unless a later effective date is specified. Continued use of the Software or Services by the User following such notification represents your agreement to be bound by the terms of this document as amended, revised or replaced, and your understanding and acceptance of the amended, revised or replaced document.

    2. Assignment
      1. You cannot assign, novate or otherwise transfer any of your rights or obligations under this document without the prior written consent of the Company which consent can be granted or withheld in the absolute discretion of the Company.
      2. The Company can assign, novate or otherwise transfer any of its rights or obligations under this document at its sole discretion, without notice to you.
      3. An assignment in breach of clause 19.2(a) is intended by the parties to be void and of no force and effect.
      4. A breach of clause 19.2(a) by you entitles the Company to terminate this document.
    3. Waiver
      1. A waiver of a right, remedy or power by the Company must be in writing and signed.
      2. The Company does not waive a right, remedy or power if it delays in exercising, fails to exercise or only partially exercises that right, remedy or power.
      3. A waiver given by the Company in accordance with clause 19.3(a):
        1. is only effective in relation to the particular obligation or breach in respect of which it is given and is not to be construed as a waiver of that obligation or breach on any other occasion; and
        2. does not preclude the Company from enforcing or exercising any other right, remedy or power under this document nor is it to be construed as a waiver of any other obligation or breach.
    4. Severance

      If a provision in this document is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from this document for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of this document.

    5. Governing law and jurisdiction
      1. This document is governed by and is to be construed under the laws in force in South Australia.
      2. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in South Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this document. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
    6. No reliance

      You acknowledge and agree that you have not relied on any statement by the Company which has not been expressly included in this document.

    7. Entire agreement

      This document constitutes the entire agreement between you and the Company regarding access and use of the Software and Services, and supersedes all prior discussions, negotiations, understandings and agreements in respect of its subject matter.

      As noted elsewhere in this document, use by you or the User of the Website, other Products, Devices, software or services may be subject to further terms.

    8. Exercise of rights

      1. Unless expressly required by the terms of this document, the Company is not required to act reasonably in giving or withholding any consent or approval or exercising any other right, power, authority, discretion or remedy, under or in connection with this document.
      2. The Company may (without any requirement to act reasonably) impose conditions on the grant by it of any consent or approval, or any waiver of any right, power, authority, discretion or remedy, under or in connection with this document. You must comply with any such conditions when relying on the consent, approval or waiver.
    9. Clauses that survive termination

      1. Without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination of this document, the following clauses survive the termination of this document:
        1. clauses 3.2 and 3.3;
        2. clause 5.3;
        3. clauses 8.2 and 8.3;
        4. clause 9;
        5. clause 11.3;
        6. clauses 15, 16, 17 and 18; and
        7. clause 19.5.
      2. Each indemnity offered by you in this document is a continuing obligation, independent from the other obligations of the parties and survives the termination of this document. It is not necessary for the Company to incur expense or make payment before enforcing a right of indemnity against you under this document.
  20. Contact

    In the event that you need to contact the Company regarding this document, the Software and/or the Services, please use the following details.

    Tap Technologies Pty Ltd
    Street Address: Level 2, 5/187 Rundle Street, Adelaide South Australia 5000
    Postal Address: Level 2, 5/187 Rundle Street, Adelaide South Australia 5000
    Telephone: 1800 003 202 (Freecall within Australia)
    +61 8 7231 1996 (Overseas)
    Email: info@tapforteacher.com.au