Terms of use

These Terms apply to the use of this App: MyTeachingApp. By using this App, you agree to be bound by these Terms as well as all general terms and conditions posted on our website from time to time. If you do not accept these Terms, you are not permitted to use our App.

We may modify and update these Terms at any time, without notice. You need to ensure that you review the Terms from time to time. The amended Terms will take effect from the next time you log into the App.  If you do not agree with the amendments, then you must stop using the App.  Your continued use of the App is subject to our current Terms as amended from time to time.

1. DEFINITIONS

App means the MyTeachingApp which allows the Licensee to manage their continuing standards, education, and qualification requirements as teachers (head teachers, deputy principals, principals), including by assisting them to undertake their yearly mandatory performance and development plans and goals in order to comply with the APST.

APST means the Australian Professional Standards for Teachers in The Australian Professional Standards for Teachers (2012) and The Performance and Development Framework (2015) and often referred to as Teaching Standards.

GST means the goods and services tax as defined in the A New Tax System (Goods and Services) Act 1999 (Cth).

Intellectual Property Rights includes (a) legal rights in unregistered trademarks or registered trademarks under the Trademarks Act 1995 (Cth) or any equivalent statute; (b) rights recognised under the Designs Act 2003 (Cth) or any equivalent statute; (c) rights recognised under the Copyright Act 1968 (Cth) or any equivalent statute.

Licence means the licence granted by the Licensor to the Licensee and Users under these Terms to use the App for the Subscription Term. 

Licensee means a licensee of the App under these Terms licensed to use the App to manage their continuing standards, education, and qualification requirements as teachers, including by assisting them to undertake their yearly mandatory performance and development plans and goals in order to comply with the APST.  

Licensor means MyTeachingApp (ABN 3123 1404 382).

Software means the App software including any Upgrade to the software. 

Software Upgrade means an upgrade, update, enhancement, improvement, or patch to the Software supplied by the Licensor.

Subscription Fees means the annual fees paid by Licensees for access to the App services.

Subscription Term means the full yearly period of time for which Licensees for access to the App, including the ten (10) week free trial period and any renewal of the subscription to the App services on a monthly basis.

Terms means these Terms of Use. 

User means a person authorised the Licensee to access the Licensee’s account on the App including any school executive, supervisor and/or observer of the Licensee. 

We, Our and Us means the Licensor. 

You means the Licensee and/or the User as relevant and as expressed by the Terms. 

1. LICENCE
   1. The Licensor grants a non-exclusive, personal, and non-transferable licence to the Licensee and the User to:
      1. Download the App: MyTeachingApp.
      2. Install the App on a single personal computer and/or mobile device provided that only the Licensee or the User will use the App. A single licence does not permit the Licensee or the User to install the App on a network or a shared drive for use by more than one user, unless written permission is given by the Licensor: and
      3. Use the App on a single personal computer and/or mobile device for the Licence Term.  
2. SUBSCRIPTION FOR APP SERVICES
   1. You must register in order to access the App services. You must fill in your registration details that are required in the registration form to gain access to the App services.
3. There will be no refunds or credits for fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
4. SUBSCRIPTION FEES
   1. The Licensor grants the Licensee a ten (10) week free trial of the App, after the Licensee must pay the Subscription Fees to be able to use the App. The Subscription Fees are shown on our website.
   2. At the end of the ten (10) week free trial, the Licensee agrees to pay the Subscription Fee in advance to the Licensor in order for the Licensee and Users to access and use the App for the Subscription Term. 
   3. No Subscription Fee applies to Users for using the App. 
   4. When you choose auto-renewal, your Subscription is automatically renewed before it’s due to expire.  You don’t need to do anything to renew. Auto-renewal gives you continuity to all features and benefits provided by the App, including access to your storage and archives. Your information and data are continuously accessible, reminding you of your subscription status.
   5. No refunds or credits will be provided for any unused portion of the Subscription Term. 
   6. All Subscription Fees set out or referred to in the invoices or on the website are exclusive of GST and other governmental charges.
5. We do not process any payments on the App or our website or store credit card information on the website, in the event payment transactions occur on our App or our website, we pass credit card information to PayPal or Stripe (third-party payment processors) using secure payment technology and PayPal or Stripe processes the transaction and send us the confirmation of payment: For further information about PayPal or Stripe visit their website.
6. UNAUTHORISED USE
   1. The Licensee and Users must not:
      1. copy or reproduce the App or any part of the App other than in accordance with the Licence granted under these Terms.
      2. sell, resell, rent, lease, loan, supply, distribute, redistribute, publish, or re-publish the App or any part of the App.
      3. modify, alter, adapt, translate, or edit, or create derivative works of the App or any part of the App.
      4. reverse engineer, decompile, disassemble the App or any part of the App. 
      5. circumvent or remove or attempt to circumvent or remove the technological measures applied to the App for the purposes of preventing unauthorised use; or
      6. use the App to transmit any viruses, malware, worms, etc. of any kind or upload, post, host or transmit unsolicited material or messages. 
   2. The Licensee or User must not permit any other person to use the App or to exercise any of the other rights granted by the Licensor to the Licensee or User in these Terms. 
7. SUPPORT
   1. The Licensor or its authorised agents are solely responsible for providing support and maintenance for the App subject to the following:
      1. The Licensee must promptly apply any Software Upgrade released by the Licensor and made available by the Licensor to the Licensee and the User from time to time.
      2. The Licensor will have no obligation to provide support for the App under this clause or repair or replace the App if the App does not incorporate the most recent Software Upgrade; and
      3. The Licensor will provide email support to the Licensee and the User during the Subscription Term for the purpose of resolving issues with the App raised by the Licensee using the App as intended and in accordance with these Terms. 
   2. The Licensee and User acknowledge that:
      1. The Licensor’s obligation to provide support is subject to such limits (as to time spent in relation to an issue and in relation to the Licensee or User in aggregate) as the Licensor may determine from time to time; 
      2. The Licensor’s sole obligation under this clause is to make reasonable commercial endeavours to resolve issues raised by the Licensee or the User;
      3. The Licensor does not warrant or represent those issues raised will be resolved by means of the support services; and
      4. The Licensor will not provide any on-site support for the App. 
   3. The Licensor may subcontract any of its obligations under this clause to any third party. 
8. RESPONSIBILITIES
   1. The Licensee is responsible for ensuring the accuracy of the information uploaded, sent, or linked to the App. 
   2. The User is responsible for viewing and responding to the Licensee’s APST information on the App within a timely manner. 
   3. The Licensor is not responsible for any of the responsibilities in this clause 7. The Licensor does not warrant nor is the Licensor responsible for the accuracy of any information uploaded, sent, or linked by any Licensee or User at any time.
9. CANCELLATION AND TERMINATION
   1. The Licensee and Users are solely responsible for cancelling the subscription to use the App if they no longer wish to use the App. This can be done through the App or by notifying us at our contact details provided. 
   2. Cancellation of the subscription to use the App:
      1. by the Licensee will result in the termination of the Licence granted to both the Licensee and the User.
      2. by the User will result in the termination of the Licence granted to the User only. 
   3. The Licensee must cancel the App at least 7 days prior to the end of the Subscription Term to ensure that they are not charged the Licence Fee for the next period. 
   4. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
   5. If we have reasonable grounds to suspect you have breached the Terms, if your content is offensive, or for any other reason including if, in our opinion, you have breached the use of our App or compromised its use for others, we have the right, in our sole discretion, to immediately terminate the Licence. We may also deny the use of our App to you in the future and are not obligated to return any payments you have made. 
   6. Upon such termination, regardless of the reasons, your right to use the App and related services immediately ceases and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and data. We may also bar you from any further access to our App. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with such termination or suspension.
   7. We may, but are not obligated to, remove any content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms.
10. MODIFICATION OR TERMINATION OF APP
    1. We reserve the right at any time and from time to time to modify or discontinue the App either temporarily or permanently with or without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App.
    2. From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions at such time you may choose to accept or not. 
11. WARRANTIES
    1. The Licensee warrants that:
       1. all material you upload, send or link to the App is accurate, reliable, up-to-date, lawful, and not misleading and complies with applicable laws, codes and regulations including all Australian Consumer Law (ACL) requirements; and
12. you will keep your information updated for the purpose of the App.
13. The Licensee and User agree that: 
    1. The Licensor is a facilitator only for the purposes of managing the Licensee’s continuing standards, education and qualification requirements as teachers, including by assisting them to undertake their yearly mandatory performance and development plans and goals in order to comply with the APST on our App and makes no representations or warranties of any kind, express or implied, about the completeness, accuracy or reliability of any information uploaded, sent or linked by the Licensee using the App. Users agree to rely on such information at their own risk and to make their own enquiries before relying on any such information. 
    2. No agency, partnership, joint venture, or employment is created because of these Terms, and you do not have any authority of any kind to bind the Licensor in any respect whatsoever.
    3. All disputes regarding content, use, accuracy of information or any other similar issue of service by the Licensee and User are to be dealt with between the Licensee and User. The Licensor is at no time to be involved in any conflict or dispute relating to such use, content or issues between the parties.
14. PRIVACY
15. We are committed to protecting the privacy of Licensees and Users. We at all times, respect the privacy and confidentiality of personal information provided to us and we will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principle in relation to our collection, use and disclosure of personal information.
16. We may be required, in certain circumstances, to disclose personal information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our agreements with Licensees and Users; or to protect our rights, property or safety or of our customers or third parties.
17. We reserve the right to disclose the name and any other personal information of any Licensees and Users to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, and investigation of any breach, alleged breach of the law or these Terms.
18. INTELLECTUAL PROPERTY
    1. Each party owns and will continue to own all Intellectual Property that was proprietary to them prior to using the App. All Intellectual Property Rights in the App are and will remain, as between the parties, the property of the Licensor. In the event of any dispute of Intellectual Property Rights, the Licensor retains and has full rights solely for any investigation, defence, settlement, and discharge of any such claim by any third party.  
    2. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to the Licensor. 
    3. All other trademarks or service marks within this App are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or that of any other owner.
    4. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site and App. Any unauthorised use of the materials appearing on this site and App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
19. DISCLAIMER
    1. We make no warranty or guarantee that the use of the App will: (a) ensure compliance with the APST or the Licensee achieving accreditation, certification, or any other results under the APST; or (b) meet any other requirements of any Licensee or User. 
20. We will use our best endeavors to ensure the App is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the App becomes unavailable for any lengthy or unusual time period.
21. LIABILITY AND INDEMNITY
    1. Your use of the App and any of our services is done at your sole risk. The App and services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. 
    2. In addition, you agree and acknowledge that we are not liable for any direct, indirect, consequential, or incidental loss or damage which may result from your use of the App or our services.
    3. By using this App and our services, you agree that we are not liable for any (i) inaccuracy, error, or failure of the Software; or (ii) any loss or damage, including any consequential, indirect, incidental, special or direct loss or damage arising from any download or your use of this App including any virus or other damage to your systems.
    4. To the extent that we are able to limit the remedies available under the Australian Consumer Law (ACL), all conditions and warranties that may be implied by the ACL are expressly excluded.  All other conditions, warranties or guarantees which may be implied by custom, or any statute other than the ACL, are expressly excluded by these Terms.
    5. We expressly limit our liability to Licensees and Users for breach of a non-excludable statutory guarantee under the ACL to the following remedies:
22. the supply of the goods or services again; or
23. the payment of the cost of having the goods or services supplied again.
24. In all cases, our liability is limited to the last Licence Fee paid by you. 
25. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
26. You agree that you are responsible for ensuring that the App is suitable to meet your requirements before using or continuing to use the App. 
27. You agree to indemnify us and any related body corporate and the respective directors, officers, employees, independent contractors, agents and successors from and against any and all losses, expenses, damages, costs and expenses (including all reasonable legal fees), resulting from your use of the App and/or any violation of these Terms. You agree to assume and take over control of any demand, claim or action arising hereunder or connection with the App in the event of any action resulting directly or indirectly from your use of the App or our Services or any breach of the Terms.
28. GENERAL
    1. You agree and acknowledge that the App and any internet server used to deliver the App and any associated website we own may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage as well as anything related to run the App.
    2. No breach of any provision of these Terms will be waived except with the express written consent of the party not in breach.
    3. If a clause of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of these Terms will continue in effect. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).
    4. The Licensor may freely assign the Licence and/or its rights and/or obligations under these Terms without the Licensee’s consent. Except as expressly provided in these Terms, the Licensee and the User must not assign, transfer, charge, license or otherwise dispose of or deal in the Licence and/or any its rights and/or obligations under these Terms. 
    5. These Terms constitutes the entire agreement and understanding of the parties in relation to the subject matter of the Terms, and supersedes all previous agreements, arrangements and understandings between the parties relating to the subject matter of the Terms.  
29. GOVERNING LAW
    1. These Terms are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.

These Terms were last modified in March 2021 and are effective from that date.