Terms and conditions

1 Introduction

1.1 This document sets out the terms and conditions (Terms and Conditions) on which you may access and use the SECCA: Sexuality Concepts digital application (App) developed and owned by us.
1.2 Please read these Terms and Conditions in full before accessing or using the App. By using the App, you accept these Terms and Conditions in full.
1.3 This document was adapted and created using a template from SEQ Legal (http://www.seqlegal.com).
1.4 These Terms and Conditions apply in addition to any other terms and conditions that apply to your use of the App, including:
(a) our Privacy Policy; and
(b) our Managing Protection of Human Rights and Freedom from Abuse Policy.
1.5 In these Terms and Conditions the terms:
(a) “Account” means a secure account that you may register for in accordance with clause 5;
(b) “App” has the meaning given in clause 1.1;
(c) “App IP” has the meaning given in clause 3.1;
(d) “Privacy Policy” has the meaning given in clause 7.1;
(e) “Term” has the meaning given in clause 9.1;
(f) “you” and “your” refer to a person who has accessed the App, used the App or created an Account;
(g) “Your Content” means all written and visual materials that you save to the App; and
(h) “us”, “we” and “our” refers to Sexuality Education Counselling & Consultancy Agency Inc.

2 Conditions of use
(1) You must not register for the App if:
(a) you disagree with these Terms and Conditions or any part of these Terms and Conditions;
(b) you are not at least 18 years of age and older. By registering for an account on the App or agreeing to these Terms and Conditions, you warrant and represent to us that you are at least 18 years of age and older; or
(c) your use of the App, or the use of any person you permit to use the App, may cause loss or damage to any person, including loss or damage due to a malfunction or failure of the App.
(2) You must not access or use the App if:
(a) you disagree with these Terms and Conditions or any part of these Terms and Conditions;
(b) you are under 18 years of age and you are not accompanied by the registered adult (aged 18 years of age and older). By using the App or agreeing to these Terms and Conditions, you warrant and represent to us that you are at least 18 years of age and older, or in the presence of the registered App user who is at least 18 years of age and older; or
(c) your use of the App, or the use of any person you permit to use the App, may cause loss or damage to any person, including loss or damage due to a malfunction or failure of the App.

3 Intellectual property
3.1 Ownership
Subject to the express provisions of these Terms and Conditions:
(a) we own and control all the copyright and other intellectual property rights in the App; and
(b) all the copyright and other intellectual property rights in the App and the material in the App (whether written, visual, audio or otherwise) are reserved,
(together the App IP).
3.2 License
(a) Subject to you complying with clauses 3.3 and 4, we grant you a non-exclusive, non-transferable and non-sublicensable license to use the App IP for the Term.
(b) You acknowledge that you have no right, title, or interest in the App IP except as set out in this clause 3.2.
3.3 Restrictions on licence
Your licence to use the App IP granted under clause 3.2 is subject to the following restrictions. You must not:
(a) use the App in any way prohibited by these Terms and Conditions;
(b) distribute, publish, sub-license, transfer or otherwise make available all or any part of the App IP to any other person (which for clarity, includes publishing on the internet or any other unsecured electronic media);
(c) use or alter our trademarks, logos, graphics, audio, or other assets included in the App other than for its intended purpose;
(d) alter, customise, modify or create derivative works of the App IP;
(e) remove, obliterate or alter any notice on the App (including these Terms and Conditions); or
(f) use the App IP for any commercial use.

4 Use of the App
4.1 Permitted use
(a) You may access and use the App and App IP only for personal or educational use and on a non-commercial basis.
(b) You acknowledge that the App may contain images and other material that is explicit, sexual or otherwise unsuitable for certain audiences (Explicit Material).
(c) You are responsible for appropriate use of the App and any display of Explicit Material through the App.
(d) You must ensure, having regard to:
(1) all of the circumstances in which use of the App occurs (including by other persons);
(2) all persons who may be able to interact with or view the App during use of the App; and
(3) the material that may be displayed by the App including any Explicit Material and Your Content,
that each and every use of the App by you or another person is:
(4) not unlawful;
(5) not obscene or indecent;
(6) does not constitute an element of a crime;
(7) appropriate, given the relationship between you and any persons who may be able to interact with or view the App; and
(8) appropriate for the ages and developmental ages of all persons who may be able to interact with or view the App.
4.2 Use by other people
(a) You may give permission for other persons, including those under the age of 18,to use the App with supervision after you have accepted these Terms and Conditions and that you may use your Account at your discretion, subject always to you at all times:
(1) ensuring compliance with clause 4.1(d); and
(2) maintaining control over the device on which the App is accessed.
(b) You are responsible at all times for any use of the App after you have accepted these Terms and Conditions or your Account by another person, including due to:
(1) you granting another person permission to use the App after you have accepted these Terms and Conditions or your Account;
(2) any failure by you to keep secure the device on which you have accessed the App or on which your Account is logged in;
(3) any failure by you to log out of your Account on any shared or public device; and
(4) any failure to keep your password confidential.
(c) If a device on which you have logged in to your Account to access the App is going to cease being under your control (for example, if you sell, give or loan the device to another person) you must log out of your Account prior to the device ceasing to be under your control.
4.3 Restrictions on use
You must not use the App:
(a) in any way that is unlawful, illegal, fraudulent, or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(b) to conduct any systematic or automated data collection activities;
(c) or any data collected from the App for any marketing or other commercial activity.

5 Your Account
5.1 General
(a) Before using the App, you must register for an Account through the App by filling in and submitting the required details.
(b) You acknowledge that if you register for an Account you will create an account that is securely hosted in Australia.
(c) The information that will be stored on your Account includes the following:
(1) your first and last name;
(2) your email address;
(3) your organisation or school
(4) your role/occupation;
(5) your region, state, and country; and
(6) your password (this is stored on the account, however, is not viewable by us).
5.2 Management of your Account
(a) You can manage or remove information from your account through the App.
(b) You may delete your Account by contacting the App administrator at admin@secca.org.au
(c) You must:
(1) notify us immediately if there is any unauthorised access to your Account;
(2) not access another person’s account without their express permission to do so;
(3) keep your password confidential; and
(4) notify us immediately if you become aware of any disclosure of your password and update your password in the App immediately.

6 Your Content
(a) If you register an Account you will be able to create customised lesson plans and save pictures and other material to the App.
(b) Any of Your Content may be stored locally on your device or within your Account. This includes:
(1) your lesson plans;
(2) your lesson file names;
(3) your lesson descriptions;
(4) your image file names; and/or
(5) image of any custom tiles saved to any lesson plan. We are not able to view the images themselves.
(c) You warrant and represent that Your Content will comply with these Terms and Conditions and that Your Content will not:
(1) be illegal or unlawful;
(2) infringe any person’s legal rights;
(3) be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law);
(4) be libellous or maliciously false;
(5) be obscene or indecent;
(6) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
(7) infringe any right of confidence, right of privacy or right under data protection legislation;
(8) constitute an incitement to commit a crime;
(9) be in breach of racial or religious hatred or discrimination legislation;
(10) depict violence in an explicit, graphic or gratuitous manner;
(11) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(12) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti‑social, menacing, hateful, discriminatory or inflammatory; or
(13) cause annoyance, inconvenience or needless anxiety to any person.

7 Privacy and data
7.1 Privacy
Details of how we collect, store, use and disclose personal information about individuals is outlined in our Privacy Policy, which is available here www.app.secca.org.au (Privacy Policies).
7.2 Administrative data
(1) You acknowledge and agree that we will be able to access  administrative data from your account including:
(a) your first and last name;
(b) your email address;
(c) your organisation or school
(d) your role/occupation;
(e) your region, state, and country;
(f) your email address;
(g) your lesson plans including the lesson file name, lesson description, and file name of any custom tiles saved to any lesson plan (but not the images themselves);
(h) usage statistics; and
(i) your Internet Protocol address.
(2) For research or promotional purposes de-identified data from the App may be shared within SECCA and externally.

8 Limitations and exclusions
8.1 We acknowledge that, in some circumstances, you may have rights under the Competition and Consumer Act 2010 (Cth) or other laws which cannot be excluded, modified, or restricted. These rights may relate to conditions, warranties, undertakings, and guarantees which apply in relation to the App.
8.2 You acknowledge and agree that the App is provided for personal and educational use only and you must ensure that your use of the App, and the use of any person you permit to use the App, is carried out with an understanding of the limitations and exclusions in this clause 8 and in such a way that any malfunction or failure of the App does not cause you or any third party any loss or damage.
8.3 Subject to clause 8.1:
(a) except as expressly set out in these Terms and Conditions, and to the fullest extent permitted at law, we disclaim all express, implied and statutory warranties in relation to the App including, but not limited to, the implied warranties of quality, merchantability and fitness for a particular purpose;
(b) we do not warrant or represent:
(1) the completeness or accuracy of the information published within the App;
(2) that any material published on the App is up to date; or
(3) that the App will continue to remain available indefinitely;
(c) we exclude all liability for any loss, liability, damage, expense or cost of any nature of kind, including in respect of any claim, demand, proceeding or complaint of any nature or kind which you suffer under these Terms and Conditions, including, but not limited to, any loss or corruption of any data or any special, indirect or consequential loss or damage; and
(d) any liability we have to you that is not otherwise excluded by these Terms and Conditions is limited to repairing or replacing the App.
8.4 You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the App or these Terms and Conditions.
8.5 You agree to indemnify us against any claim by any third party for loss or damage caused or contributed to by your use of the App or the use of any person you permit to use the App.
8.6 We reserve the right to discontinue or alter any or all of the App’s services, and to stop publishing at any time in our sole discretion without notice or explanation.
8.7 The App may encounter downtime at any time due to maintenance or other technical issues.
8.8 You are not entitled to any compensation or other payment upon the discontinuance or alteration of the App, if we cease publishing or for any other failure, malfunction, incorrectness or other defect in the App.

9 Term and termination
9.1 These Terms and Conditions commence upon your initial access of the App and continue to apply each and every time you access the App in any way unless terminated by us earlier (Term).
9.2 Upon termination of these Terms and Conditions, you must cease using the App or allowing any other person to use the App.
9.3 Clauses 3, 6(c), 8, 9.2, 10 and this 9.3 survive termination of these Terms and Conditions.
9.4 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:
(a) send one or more formal warnings to you via email;
(b) temporarily suspend your access to the App;
(c) permanently prohibit you from accessing the App;
(d) block devices using your IP address from accessing the App; and
(e) suspend or delete your Account.
9.5 Where we suspend, prohibit or block your access to the App you must not take any action to circumvent such suspension, prohibition, or blocking (including without limitation creating and/or using a different Account).
9.6 If we discontinue or cease publishing the App we may terminate these Terms and Conditions.

10 General
10.1 Variation
(a) We may revise these Terms and Conditions from time to time.
(b) You will be given written notice of any revision to these Terms and Conditions, and the revised Terms and Conditions will apply to the use of the App from the date that we give you such notice. If you do not agree to the revised Terms and Conditions, you must stop using the App.
10.2 Assignment
(a) You hereby agree that we may assign, transfer or otherwise deal with our rights and obligations under these Terms and Conditions, without your prior approval, to any person or entity.
(b) You may not assign, novate, transfer or otherwise deal with any of your rights or obligations under these Terms and Conditions.
10.3 Severability
(a) If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful or unenforceable the other provisions will continue in effect.
(b) If any unlawful or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted that part will be deemed to be deleted, and the rest of the provision will continue in effect.
10.4 Entire agreement
These Terms and Conditions constitute the entire agreement between you and us in relation to your use of the App and supersedes all previous agreements between you and us in relation to your use of the App.
10.5 Law and jurisdiction
(a) These Terms and Conditions are governed by the law in force in Western Australia and each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Western Australia.
(b) 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.
10.6 Statutory and regulatory disclosures
(a) We are registered in the Australian Business Register.
(b) You can find the online version of the register at http://www.abr.business.gov.au.
(c) Our Australian Business Number is 38 172 776 360.
10.7 General warranties
Each party represents and warrants to the other that it:
(a) is able perform its obligations under these Terms and Conditions;
(b) will at all times comply with any applicable laws.
10.8 Our details
(a) Our registered office is at City West Lotteries House, 2 Delhi St, West Perth, Western Australia, 6005.
(b) You can contact us:
(1) by post at the address given above;
(2) using our web contact form found at http://www.secca.org.au;
(3) by telephone at +61 8 9420 7226; or
(4) by email at admin@secca.org.au.