1.1 In these Terms:
AITSL means the Australian Institute for Teaching and School Leadership Limited, ABN 17 117 362 740 of Level 8,440 Collins Street, Melbourne, Victoria 3000.
Data means data, information and other Material relating to AITSL and its related bodies corporate, and any of their operations, facilities, customers, Personnel, assets and programs (including Personal Information).
Intellectual Property Rights means all intellectual property rights, including all copyright and analogous rights, all rights in relation to inventions (including patent rights), plant varieties, registered and unregistered trademarks or names (including service marks), designs (whether or not registered or registrable), confidential information (including trade secrets and know-how), circuit layouts and all other rights throughout the world resulting from intellectual activity in the industrial, scientific or artistic fields and all rights to register, rights in applications for the registration of and rights to extend or renew the registration of any of the foregoing, whether created before, on or after the date of this agreement and whether existing in Australia or otherwise.
Material means any software, firmware, middleware, microcode, protocol, goods, equipment, documented methodology or process, documentation or other material in whatever form, and includes reports, records, specifications, project plans, test plans, reports, business rules or requirements, user manuals, user guides, training materials, operations manuals, programs, objects, rules, specifications, standards, flow charts, design drawings, review documents and data models.
My Teaching Advice Webapp means the web application operated by AITSL.
Personal Information has the same meaning as in the Privacy Act 1988 (Cth).
2. Use of the AITSL learning platform
2.1 In using or accessing the AITSL learning platform or uploading any Material to the AITSL learning platform, you undertake to AITSL that you will NOT:
(a) access, tamper with or otherwise use areas of the AITSL learning platform, other than as expressly authorised in these Terms;
(b) tamper with any Material related to any person other than you;
(c) provide as part of, or in connection with, the AITSL learning platform 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;
2.2 solicit, garner, glean or gather any other user's information available as part of, or in connection with the AITSL learning platform, 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";
2.3 frame or link the AITSL learning platform without the prior written consent of AITSL;
2.4 suggest or otherwise represent that you have any affiliate or sponsorship with any individual, partnership, company, entity, organisation or other body corporate or incorporate related to the AITSL learning platform that you do not have;
2.5 engage in any deceptive or misleading practices;
2.6 infringe the intellectual property rights of any person(s);
2.7 breach any obligations of confidence owed to any person(s);
2.8 breach any law, regulation or contractual obligation you owe to a third party;
2.9 defame any other person;
2.10 release or otherwise make available any publicity, promotional or advertising material or any other information concerning the AITSL learning platform, without the prior written consent of AITSL;
2.11 post, email, transmit or otherwise make available any Material which:
(a) is in breach of the undertakings made by you in this clause 2; or
(b) contains any defects or viruses;
2.12 decompile, reverse engineer or disassemble any software, device or other processes forming part of, or used in connection with, the AITSL learning platform;
2.13 use any Material contained on the AITSL learning platform in breach of these Terms;
2.14 post or upload videos or images of students or anyone else, without written parental consent. Confirmation of such consent must be provided with such video or image submissions; or
2.15 upload any other than Material that would, if classified by the Classification Board, (established pursuant to the Classification (Publications, Films and Computer Games) Act 1995 (Cth) (Classification Act), attract a “G - General” or “PG – Parental Guidance” rating pursuant to the Classification Act, the National Classification Code and the Classification Guidelines.
3. AITSL rights and responsibilities
3.1 You acknowledge and agree that AITSL:
(a) is a neutral facilitator only;
(b) is not liable for any loss or damage of any sort incurred as the result of any reliance by you on any of the Material or other information on the AITSL learning platform;
(c) does not guarantee that the AITSL learning platform will be error free or that the AITSL learning platform or the server that operates it are free of Viruses or other harmful components and that you will conduct such virus scanning and other checks as may be necessary to ensure that any Material you download will not corrupt in any way your data, software or systems or those of any other person;
(d) makes no representation that your Material will appear or appear in the form uploaded by you on the AITSL learning platform; and
(e) you need to keep backup copies of Material you have included on, or as part of, the material you have uploaded to the AITSL learning platform.
4.1 To access the AITSL learning platform, you must have a login username and password.
4.2 You are responsible for, the confidentiality of your username and password.
5. Privacy – Collection and Retention of Personal Information
5.2 You acknowledge and agree that AITSL stores information including Personal Information provided by you in accessing and using the AITSL learning platform on a secured database. You can ask for a copy of this information at any time at [email protected]
5.3 AITSL will always be transparent about the information AITSL collects about you, how it is held and used and with whom it is shared. You control your personal information and the permissions to share it. AITSL use the information AITSL collects about you to maximise the services that we provide to you.
5.4 Information AITSL collects about you:
(a) In order to use the AITSL learning platform, you will need to provide the following mandatory information to complete your login:
(i) first name, surname, email address and your State/Territory)
(b) Other information you provide while using the AITSL learning platform includes but is not limited to:
(i) feedback, change your content or email preferences, respond to a survey, or communicate with AITSL via email.
5.5 How AITSL use your information:
(a) AITSL will de-identify usage and user profile information collected in the AITSL learning platform to produce reports including statistics about the AITSL learning platform for AITSL, the Australian Government and other relevant bodies as required. Individuals are anonymous in any reports produced. These reports may be published on the AITSL website.
(b) The de-identified data can be analysed to produce statistics, identify user demands, to develop and improve the platform, or to assist it in meeting user needs and experience generally. In addition, we may use the information that you provide to improve the AITSL learning platform and services but not for any other use.
(c) By registering with the AITSL learning platform, you agree to allow AITSL to contact you to invite you to participate in a range of activities, including but not limited to:
(i) support programs and publications in furthering excellence in teaching and school leadership;
(ii) contribute to AITSL publications, e.g. AITSL Mail
(iii) participate in research or media opportunities related to the AITSL learning platform;
(iv) participate in Stakeholder consultations
(v) provide feedback on the AITSL learning platform.
(d) AITSL may also use personal information collected from you for the purpose of providing you with updates regarding the AITSL learning platform and information in the form of a newsletter.
5.6 If you wish to opt-out of receiving any such information or communication, other that that necessary for the operation of the AITSL learning platform, email [email protected]
5.7 You can edit your account profile at any time within the AITSL learning platform. You can delete any optional information you have provided but all mandatory profile information cannot be deleted. If you do not wish to have your profile active any longer you can email [email protected] to have it closed.
5.8 If you use the AITSL learning platform, you remain responsible at all times for maintaining the confidentiality of your profile information (your profile or password) and you agree to accept responsibility for all activities under your control that occur on the AITSL learning platform.
(a) If you have any concerns in relation to the use of the AITSL learning platform, you can contact the AITSL learning platform Administrator for more information or assistance, by email [email protected]
5.9 In the event you do not believe the issue has been resolved, you may request the issue be referred to the Senior Privacy Officer as [email protected].
6. Intellectual Property Rights and Confidentiality
6.1 AITSL does not represent or warrant that the AITSL learning platform:
(a) will not infringe or otherwise violate the rights (including intellectual property rights or moral rights (within the meaning ascribed to that term in section 189 Copyright Act 1968 (Cth) or any other similar or analogous rights arising under foreign law or legislation) (Moral Rights) of any person;
(b) will not constitute a misuse of any person's confidential information;
(c) will meet your requirements;
(d) do not contain any defects or viruses;
(e) will be error free;
(f) contain no defects, faults or malfunction; or
(g) will be operative at all times.
6.2 AITSL reserves the right at any time, and for any reason, to revoke the authorisation to view, download, and print the Materials available on the AITSL learning platform; and such authorisation shall be deemed to be discontinued immediately upon the removal of these Materials from the AITSL learning platform.
6.3 You acknowledge and agree that any rights granted to you pursuant to these Terms constitute a licence and not a transfer of title. You do not obtain any ownership right, title, or other interest in Content by downloading, copying, or otherwise using any Content.
6.4 AITSL reserves the right to change the AITSL learning platform (including any Material, information or publications forming part of the AITSL learning platform) and these Terms at any time without notice.
6.5 You consent to AITSL, its employees, agents, assigns and licensees doing all things in relation to your Content which would, but for this consent, constitute a breach of your Moral Rights.
6.6 When accessing, browsing or viewing the AITSL learning platform you accept and acknowledge that they contain material or information that is the subject of copyright or other legal rights.
7.1 You acknowledge and agree that use of the AITSL learning platform is at the user's risk and AITSL takes no responsibility for any inaccuracies, errors, omissions or defects.
7.2 You acknowledge and agree that AITSL will not be under any liability to you for any loss or damage (including direct, indirect, special or consequential loss or damage) however caused, whether by negligence or otherwise, that arises in any way from your use of or reliance on the Content or other material on the AITSL learning platform or any website linked to, or by, the AITSL learning platform.
8. Material and Information
8.1 Material on the AITSL learning platform has been assembled by AITSL and also derived from a variety of sources, including third party sources.
8.2 AITSL makes no representation or warranty that the Material of the other Sites is correct, current, complete or fit for any use whatsoever or that it complies with the laws of countries outside Australia.
8.3 Reliance by you of any Material, information or publication on the AITSL learning platform is at your own risk and you are advised to make your own assessment before its use.
8.4 To the extent that AITSL provides in the AITSL learning platform links to professional associations/organisations and information external to AITSL, AITSL does not accept responsibility for, or endorse the content or condition of, any linked site.
8.5 To the extent permitted by law, AITSL excludes all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information contained on the AITSL learning platform, howsoever caused.
8.6 If any law prohibits the exclusion of such liability, AITSL's liability is limited to the maximum extent permitted by law, and if it permitted at law, such liability is limited to the resupply of the information found on the AITSL learning platform.
8.7 Material and information available and published on the AITSL learning platform may:
(a) not be used or distributed by you or any third party for any public or commercial purpose; and
(b) not be used or reproduced such that it breaches copyright or any other legal right of AITSL or its licensors, including by amendment, adaptation or translation into any other form, dimension or media.
9.1 You acknowledge and agree that any opinions, views or advice expressed or provided by Participants on the AITSL learning platform are not that of AITSL.
9.2 AITSL does not make any warranties as to the completeness, reliability and accuracy of any opinions, views or advice provided on the AITSL learning platform by Participants. Any reliance by you upon any opinions, views or advice expressed or provided on the AITSL learning platform is strictly at your own risk and AITSL will not be liable for any loss or damage incurred the result of such reliance.
10. Suspension of Use
10.1 You may suspend its use of the AITSL learning platform at any time or terminate your participation by removing your profile from the AITSL learning platform.
10.2 AITSL reserves the right to suspend your use and/or remove your profile from the AITSL learning platform at any time upon a breach by you of clause 2. AITSL may reinstate your profile, at its discretion, once it is satisfied the breach has been rectified.
10.3 Suspension or termination of your use by either party does not relieve you of your obligations under the Terms.
11.1 You must not assign any of your rights or purport to novate any of your obligations arising out of the Terms to a third party.
11.2 A provision or part of a provision of the Terms that is illegal or unenforceable may be severed from the Terms and the remaining provisions or parts of the provisions of the Terms continue in force.
11.3 AITSL does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy.
11.4 The Terms are governed by the law of Victoria and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria.