|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.|
In this document unless a contrary intention is expressed:
Software LicenceSubject to the terms of this document, the Company grants the User a non-exclusive, non-transferable licence to:
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.
TermsThe 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.
AcknowledgementsThe User acknowledges and agrees that the Company:
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:
LicenceSubject 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.
ModificationThe Company can modify or cease to offer the Services, or any part thereof, at any time without prior notice to you or the User.
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:
Nature of FeesThe 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.
Variation of FeesThe 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.
Disabling FunctionalityIn 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.
RefundsIn no circumstances will any fees you have paid to the Company be refunded to you, subject to clauses 15(c) and 15(d).
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:
SecurityThe 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.
Suspension or terminationThe 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.
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:
Restricted PartiesYou and the User warrant and represent that the following statements are true and correct:
Third Party Services
RestrictionsYou agree that you and the User will not:
iOS App StoreIf you obtained the Software from the iOS App Store, you and the Company acknowledge and agree that:
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.
TermSubject 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.
This licence can be immediately terminated by the Company in the following circumstances:
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.
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.
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.
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
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.
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.
Consent to Use of Data
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.
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.
You acknowledge and agree that you have not relied on any statement by the Company which has not been expressly included in this document.
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.
Exercise of rights
Clauses that survive termination
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)