Teacher Self-Assessment Tool - Terms and Conditions

 

Teacher Self-Assessment Tool: Application Licence

 

The term “Application” used in this Application Licence refers to the Teacher Self-Assessment Tool (including upgrades). This application is to be used on desktop or mobile devices and has been developed on behalf of Australian Institute for Teaching and School Leadership Limited (AITSL). 

Please read the terms of this Application Licence carefully.

The Application has been developed by AITSL to support teachers to locate their practice against the Australian Professional Standards for Teachers (the Standards). The questionnaire includes 152 items drawn from the Standards. Users will receive a report that will assign them a Career Stage (Graduate, Proficient, Highly Accomplished or Lead) for each of the 37 Focus Areas of the Standards. This will allow them to identify areas of strength, and areas for development; and to set goals to improve their practice.

Users will also be to create group reports that will allow them to see the strengths and areas for development of a group of teachers in a de-identified form. This can help cohorts to set professional learning goals and activities that will benefit the entire group. By accessing and using the group reporting functionality, you acknowledge and agree that although your personal information will be de-identified for the group report, it may be possible for any member of the group to re-identify you based on the information available in the report.  By using the Application you acknowledge and agree that:

(a)        such re-identification may be possible;

(b)       notwithstanding the possibility of such re-identification, you are willing to use the Application; and

(c)       you consent to providing your personal information on the basis of the acknowledgements and agreements set out in (a) and (b) immediately above.

By using the application you agree that you have provided the acknowledgements and agreements set out in (a) to (c) immediately above.  If you do not wish to provide the acknowledgements and agreements set out in (a) to (c) above, you are directed to not use the Application.

The Teacher SAT is recommended to support growth and development purposes rather than for use as an accountability tool. Teachers may opt out of taking the Teacher SAT, or sharing their individual results. Teachers’ Teacher SAT data is personal information protected by Australian Privacy Principles.

By accessing and using this Application, and ticking the agreement box on the landing page, you accept and agree to be bound by these Terms and Conditions.

Please also refer to the AITSL website terms and conditions (which may be accessed by double clicking on the words “terms and conditions”). The AITSL terms and conditions apply in all instances, except where the Application terms and conditions explicitly contradict them, in which case the Application terms and conditions take precedence to the extent of any inconsistency.

  1. Privacy and Data Protection
    1. AITSL will use all reasonable efforts consistent with prudent commercial practice to ensure that any information you provide as part of the registration process will be in accordance with AITSL’s Privacy Policy, which is available here: http://www.aitsl.edu.au/docs/default-source/default-document-library/aitsl_privacy_policy.pdf
    2. By registering as a user of the Application you agree to receive e-mail communication from AITSL. E-mail addresses may be used to, provide you with more information concerning you registration and use of the Application; to respond to feedback; and to advise you of other matters that AITSL considers may be of use, or interest, to you.
    3. You may be contacted by AITSL to provide feedback on your experience in using the Application. If AITSL wishes to publish this feedback to help promote the Application (otherwise than in a de-identified form), AITSL will obtain the permission of the user concerned.
    4. You acknowledge and agree that AITSL may track and archive information regarding your use of the Application (Use Information). Use Information may be used by AITSL for statistical purposes and for system administration tasks to maintain this service. AITSL does not attempt to identify individuals as part of our regular business practices however in the unlikely event of an investigation, AITSL, a law enforcement agency or other government agency may exercise its legal authority to inspect the server's logs.
    5. You acknowledge and agree that AITSL and persons approved by it may collect summary information from the Application reports and collate into a consolidated report for the education system/sector of which the user is a participant. AITSL will use reasonable efforts to ensure that no individual will be identified in this consolidated report.
    6. You agree that AITSL may, and is entitled to, appoint a third party provider to:
      1. examine and use data provided by you as part of, or in connection with the Application (Data) for the purposes of storing, maintaining and managing that data;
      2. examine and use Data to review and make updates and refinements to the Application;
      3. store, maintain and manage Data; and
      4. use and publish de-identified Data for research and other educational purposes.
    7. AITSL will use all reasonable efforts consistent with prudent commercial practice to ensure Data is held in accordance with AITSL’s Privacy Policy.
    8. Unless otherwise indicated, as between AITSL and you, copyright in the Application is the property of AITSL.
  2. Conditions of use

    2.1       You will not, (nor allow, assist or authorise third parties on your behalf):

    1. make or distribute copies of the Application
    2. attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or
    3. create derivative works of the Application of any kind whatsoever.

      2.2       The Application is currently made available to you free of charge for your personal, non-commercial use. AITSL reserves the right to amend or withdraw the Application, in accordance with these Terms and Conditions, at any time and for any reason.

      2.3       The function and features (Services) provided in the Application are evolving and the form and nature of the Services that the Application provides may change from time to time without any prior notice to you. 

      2.4       You acknowledge that the terms of agreement with your respective mobile network provider (Mobile Provider) will continue to apply when using network connection services for the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

      2.5       If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you may not use the Application unless, and until, you have received permission from the bill payer to use the mobile telephone or handheld device to access or use the Application.

      2.6       You are responsible for the safeguarding of the password used to access the Application. 

      2.7       When participating in activities as part of or in connection with, the Application, you undertake to maintain a professional demeanour and behaviour consistent with participating in a professional learning and improvement environment.

      2.8       AITSL reserves the right to monitor your conduct as part of, or in connection with, the Application.

      2.9       AITSL reserves the right to remove you as a user of the Application (or bar you from access to the Application) if you engage in behaviour that is not in accordance with the professional standards described in these Terms and Conditions.

      2.10     AITSL may at any time and at AITSL’s absolute discretion vary these Terms and Conditions. You should therefore review these Terms and Conditions regularly to ensure that you are aware of any changes.

  3. Content

    3.1       You acknowledge and agree that completion of the Application is only a general indicator of a user’s performance and may not (and will not) be relied on by you for any purpose (including any purpose related to the performance of the user as a teacher, whether in relation to the Standards or otherwise).

    3.2       You acknowledge and agree that the Teacher SAT is not a definitive statement of a user’s performance against the Standards or any other standards.

    3.3       You acknowledge and agree that the results of the Teacher SAT do not provide a definitive statement of readiness for applying for, or likelihood of success of achieving, national certification as a Highly Accomplished or Lead teacher.

    3.4       Subject to these Terms and Conditions, you may provide and use text-based material (Content) (that you have created) as part of your use of this Application. You may not include any third party generated material onto the Application (other than by way of a reference to such material).

    3.5       By posting any Content to this Application, you represent and warrant that that content is accurate, does not breach these Terms and Conditions, and that you own or otherwise control all of the rights to the content that you post or otherwise contribute or provide as part of, or in connection with, the Application.

    3.6       You will own all the Content you generate through using this Application and you will control how it is shared through your choice of how you send Content to another location and in determining to who you provide access to view the Content.

    3.7       AITSL does not own or control the Content generated by Users via the functions and features available within the Application (Service) and, does not guarantee the accuracy, integrity or quality of such Content. Users are solely responsible for who they allow to access their Content and all those who access the Application acknowledge and agree that AITSL is in no way liable for any Content generated by any person who creates any Content through the use of the Application (Users). 

    3.8       When using this Application you must ensure that your Content does not contain any content which:

    1. breaches any applicable law;
    2. is obscene, offensive, racist, threatening or harmful to any group or individual;
    3. contains personal information (other than personal information which the person about whom the personal information relates has authorised for use in connection with this Application)
    4. invades the privacy of anyone;
    5. is defamatory, false or misleading or otherwise damaging to any corporation, group or individual;
    6. breaches any third party’s copyright or other intellectual property rights;
    7. contains computer viruses, malicious computer code or other forms of interference which may damage computer systems or databases (Viruses); or
    8. contains political or commercial messages.

      3.9       In addition, to your obligations under these Terms and Conditions:

  4. Availability

    4.1       Subject to clause 4.1, AITSL will use reasonable efforts, consistent with prudent commercial practice, to ensure the Application is available at all times. However you acknowledge and agree that the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside AITSL’s reasonable control.

    4.2       AITSL does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access the software and Content or any other communication system failure which may result in the Application being unavailable.

    4.3       Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will apply to your use of the Application.

    4.4       You acknowledge and agree that AITSL provides the Application on an as-is basis and without any warranty or representation:

     

    1. that the Application will meet your requirements;
    2. that the Application does not contain any defects, faults or malfunctions or Viruses; or
    3. that use of the Application will be error free.
  5. Termination

    5.1       AITSL may terminate use of the Application at any time by giving notice of termination to you.

    5.2       AITSL may terminate the registration of any user at any time for the Application and any or all AITSL owned applications.

    5.3       Upon any termination you must cease all use of the Application.

  6. Limitation of Liability

    6.1       You are solely responsible for all Content you generate in this Application.

    6.2       To the fullest extent permitted by law, you release and indemnify and will keep released and indemnified each of AITSL and the developer of the Application and each of its and their officers, employees, agents, contractors and representatives (those Indemnified) now (and in the future) for all damages, losses, penalties, fines, expenses and costs (including legal costs on a full indemnity basis) (Losses) which arise out of, in connection with or relate to:

  1. you agree not to use the Application unlawfully or for illegal purposes, or in violation of any academic or ethical code of conduct, policy or to advertise or market to other users;
  2. you agree not to attempt to identify any person referred to in a de-identified form in any report or other information or material contained on, or accessible through, the Application (De-Identified Person);
  3. you agree not to obtain (or attempt to obtain) any personal information (including, without limitation any information which would constitute Personal Information for the purposes of the Privacy Act 1988 (Cth)) in relation to any De-Identified Person (whether such personal information is obtained through the use of the Application or otherwise);
  4. you agree that you will obtain consent from other people if you collect information regarding them, and
  5. in using or accessing the Application or uploading Content to the Application, you undertake to AITSL that you will NOT:
    1. access, tamper with or otherwise use areas of the Application, other than as expressly authorised by these Terms and Conditions;
    2. tamper with any content related to any person other than you;
    3. provide as part of, or in connection with, the Application any name, branding, trademarks, logos, seals or slogans or copyright material of any third party without the prior written consent of both the third party and of AITSL;
    4. solicit, garner, glean or gather any other user’s information available as part of, or in connection with the Application, including without limitation, names, phone numbers or email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, “junk mail”, “spam” or “chain letters”;
    5. frame or link the Application without the prior written consent of AITSL;
    6. suggest or otherwise represent that you have any affiliation with or sponsorship by or from any individual, partnership, company, entity, organisation or other body corporate or incorporate related to the Application that you do not have;
    7. engage in any deceptive or misleading practices;
    8. breach any obligations of confidence owed to any person;
    9. breach any law, regulation or contractual obligation you owe to a third person;
    10. release or otherwise make available any publicity, promotional or advertising material or any other information concerning the Application, without the prior written consent of AITSL;
    11. email, transmit or otherwise make available any content which:
      1. is in breach of the undertakings made by you in this clause;
      2. contains any defects or Viruses;
    12. decompile, reverse engineer or disassemble any software, device or other processes forming part of, or used in connection with, the Application; or
    13. use any content contained on the Application in breach of these Terms and Conditions.
  1. your use of this Application;
  2. any Content or other material generated by you;
  3. any Losses which you suffer as a result of, or in connection with or related to any Content or any other material which is contained in, or is accessible by, or through, the use of this Application (whether by you or by any other person and whether such Content is generated by you or by any third party);
  4. any information that you provide to us (whether via the Application or otherwise);
  5. any damage that you may cause to this Application or to the property or reputation of any of those Indemnified.

    6.3       You acknowledge and agree that the indemnification provided by you includes, without limitation, any and all liability that may arise in respect of, relating to, or in connection with copyright infringement, defamation, invasion of privacy, trademark infringement and breaches of the Competition and Consumer Act 2010 (Cth).

    6.4       To the fullest extent permitted by law, you acknowledge and agree that in no event or circumstances will AITSL be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any whatsoever kind arising out of your use or access to the Application including, without limitation, any loss of profit.

    6.5       You further acknowledge and agree that AITSL is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

    1. Intellectual Property

      Unless otherwise indicated in this Application Licence, all intellectual property rights           (including copyright) in all information (including, data, Results Data, images, trademarks, text, graphics, logos, icons, sound and video recordings and software) is owned or licensed by AITSL. Information procured from a third party may be the subject of copyright owned by that third party. You must not do anything which interferes or breaches the intellectual property rights in the information.

    2. Acknowledgement

The Australian Institute for Teaching and School Leadership was formed to provide national leadership for the Commonwealth, state and territory Governments in promoting excellence in the profession of teaching and school leadership with funding provided by the Australian Government.