Terms & Conditions
eSmart Digital Licence+
IMPORTANT NOTE: ONLY A PARENT OR LEGAL GUARDIAN OF, OR AUTHORISED STAFF MEMBER IN RELATION TO, THE CHILD PARTICIPATING IN THE eSMART DIGITAL LICENCE+ PROGRAM MAY AGREE TO THESE TERMS
- Overview of eSmart Digital Licence+ program
- The purpose of the eSmart Digital Licence+ program is to offer a gamified eLearning experience to build digital intelligence, focusing on building knowledge and skills across areas including technology use, cyber risk management, cyber security and online cultures.
- Participating children will be issued with a ‘Digital Licence’ on the successful completion of all applicable modules. To avoid any doubt, a ‘Digital Licence’ constitutes a certificate for the successful completion of the applicable modules and does not constitute or give effect to a permission or the grant or conferral of any rights.
- In order for a child to access the eSmart Digital Licence+ program (and to obtain a ‘Digital Licence’ certifying the child’s successful completion of the applicable modules), a parent or legal guardian of the child, or an authorised member of staff of the school, library or other organisation through which the child is participating, must activate the eSmart Digital Licence+ program for the child in accordance with section 2.
- Activation of user account
- You activate the eSmart Digital Licence+ program for a child by:
- entering or uploading all of the required details into the eSmart Digital Licence+ program though the registration process; and
- making any payment for the child’s participation (if applicable) under section 3.
- When activating the eSmart Digital Licence+ program for a child, you must provide accurate, complete and up-to-date information as requested during the registration process (including in relation to that child).
- In activating the eSmart Digital Licence+ program for a child, you warrant that:
- you are either:
- a parent or legal guardian of the child; or
- an educator or other person acting on behalf of an organisation who is authorised by that organisation to activate the eSmart Digital Licence+ program;
- you will supervise the child at all times during their participation in the eSmart Digital Licence+ program , or ensure that another appropriate adult supervises that participation; and
- if you are not the child’s parent or legal guardian, you have obtained, from a parent or legal guardian of that child:
- all necessary consents required by law (including privacy laws) to permit you to activate the eSmart Digital Licence+ program for the child and to permit us to collect and disclose personal information in accordance with section 12; and
- confirmation in writing that the parent or legal guardian will supervise the child’s participation in the eSmart Digital Licence+ program, and will comply with section 5 of these Terms, to the extent that the child participates at home rather than at school.
- Once you have entered or uploaded a child’s details into the eSmart Digital Licence+ program in order to activate their account, a licence seat is allocated to that child and you cannot have that account transferred to another child or be refunded any payment based on a change of mind or because that child is no longer going to participate in the eSmart Digital Licence+ program.
- If you are required to pay for any child’s participation in the eSmart Digital Licence+ program (rather than the child’s participation being funded through a corporate or other donation), then you will not be able to activate the eSmart Digital Licence+ program until your payment has been successful.
- You agree that either any amount payable for any child’s participation in the eSmart Digital Licence+ program, as displayed during the registration and payment process, will be deducted from your nominated credit card or you will be issued with an invoice which you will be obliged to pay before that child may participate.
- If you nominate credit card as your payment method during the registration and payment process, you:
- authorise us to disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card and identification details that you provide;
- authorise your credit card issuer or financial institution to verify that the credit card and identification details you have provided to us are accurate; and
- agree that, if payment in full is not received from your card issuer or its agents for any reason, you must pay us all amounts due on demand.
- If you nominate another payment method during the registration and payment process, you must pay the amount of the invoice issued by us in the manner, and within the timeframe, specified in the invoice.
- If an amount payable by you for participation in the eSmart Digital Licence+ program is not specified on a GST-inclusive basis and GST is imposed on the grant of the licence to you under these terms, the amount of the fee will be increased by, and you must also pay to us, an amount equal to the GST payable by us on that supply.
- Intellectual property rights
- Unless otherwise indicated, we (and/or our third party licensors) own the copyright and other intellectual property rights in the text, graphics, information, designs, data and other content comprised in the eSmart Digital Licence+ program or otherwise appearing on the eSmart Digital Licence+ website (website). While you may browse or print the content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the eSmart Digital Licence+ program or any other content appearing on the website for any other purpose.
- All trade marks appearing in the eSmart Digital Licence+ program or otherwise on the website belong to their respective owners. You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.
- Restrictions on use
- You agree to access and use (and to permit each participating child to access and use) the eSmart Digital Licence+ program and the website only in accordance with these Terms and applicable laws. Without limiting the previous sentence, you must not (and you must ensure that each participating child does not):
- use any part of the eSmart Digital Licence+ program (or any content and/or services provided or made available through the website) for any purpose other than as permitted by these Terms;
- remove or tamper with any copyright notices on the website;
- disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from the eSmart Digital Licence+ program or any part of it (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));
- copy or download, in a systematic manner, any text, graphics, information, designs, data or other content comprised in the eSmart Digital Licence+ program or otherwise appearing on the website, or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content; or
- incorporate any part of the eSmart Digital Licence+ program or any other content appearing on the website in any product to be made available commercially (unless we expressly agree otherwise with you).
- You must not, directly or indirectly, introduce into the eSmart Digital Licence+ program or the website or permit the introduction of, any virus, worm, trojan or other code that is harmful, destructive, disabling or which assists in or enables theft, alternation, denial of service, unauthorised access to, or disclosure, destruction or corruption of, information or data (Harmful Code), or in any other manner whatsoever corrupt, degrade or disrupt the eSmart Digital Licence+ program or the website.
- Links to other Sites
We may, from time to time, publish links to other third party sites or resources within the eSmart Digital Licence+ program or on the website. These links are provided for your convenience only and by accessing these third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.
- General disclaimers
- The eSmart Digital Licence+ program, and all content and/or services provided or made available through the website, are made available to you on an ‘as is’ and ‘as available’ basis.
- You acknowledge and agree that to the extent possible under the law, and subject to section 10, we make no representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency or security of the eSmart Digital Licence+ program or the website. We will not be liable if the eSmart Digital Licence+ program (or any content provided on or made available through the website) is incomplete, corrupted, inaccurate, outdated or incorrect, or if the eSmart Digital Licence+ program (or any of the services provided or made available through the website) is unavailable for any reason, including directly or indirectly as a result of:
- telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
- negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);
- maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of the eSmart Digital Licence+ program;
- the use of the eSmart Digital Licence+ program by you or any child participants in a manner or for a purpose not reasonably contemplated or authorised by us;
- any events beyond our control; or
- services provided by third parties ceasing or becoming unavailable.
- You also acknowledge and agree that to the extent possible under the law, and subject to section 10, we do not represent, warrant or guarantee that the eSmart Digital Licence+ program or the website is free from Harmful Code or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
- Specific disclaimers
- You acknowledge and agree that the eSmart Digital Licence+ program is intended to assist participating children to build knowledge and skills relevant to digital intelligence in selected areas, and that it is not intended to provide comprehensive information or instruction in relation to safe technology use by children.
- Without limiting section 7, we do not warrant that:
- the eSmart Digital Licence+ program covers all current digital intelligence topics relevant to children; or
- a participating child’s participation in or successful completion of the eSmart Digital Licence+ program will protect that participating child from, or minimise that participating child’s risk of harm arising in relation to, unsafe technology use.
- Release and indemnity
- You release and agree to hold us harmless from any loss, actions, proceedings, cost and expenses (including legal fees), claims and damages suffered or incurred by you or a participating child arising as a result of or in connection with:
- your or a participating child’s participation in, and/or reliance on, the eSmart Digital Licence+ program;
- your or a participating child’s use of the website or any third party sites accessed via the eSmart Digital Licence+ program or the website; and
- a participating child’s use of the internet or other technology.
- You indemnify us against all loss, actions, proceedings, cost and expenses (including legal fees), claims and damages suffered or incurred by us arising directly or indirectly out of or in connection with:
- a breach by you of these Terms;
- loss of or damage to any property or injury to or death of any person caused by any act or omission by you or a participating child; or
- any claim by a third party against us relating to:
- your or a participating child’s participation in, and/or reliance on, the eSmart Digital Licence+ program; or
- a participating child’s use of the internet or other technology.
- Consumer guarantees
To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. However, if a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability under such a provision, then our liability is limited to (at our option, to the extent permitted by law):
- in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
- in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
- Exclusion of liability
Subject to section 10 and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:
- in connection with or in any way relating to the eSmart Digital Licence+ program or any content and/or services provided or made available through the website, including in connection with:
- any inaccuracy or incompleteness of the eSmart Digital Licence+ program or the content; and
- any disruption to or unavailability or failure of the eSmart Digital Licence+ program or the website or interference with or damage to computer systems or other electronic devices;
- arising from any circumstance beyond our control; and
- otherwise under or in connection with these Terms
Privacy collection statement
What personal information do we collect?
- The types of personal information we collect include:
- your name, address and email address;
- if you are an authorised staff member – your job title and school details; and
- the name, age, date of birth, gender, school year level, student identifier used by the school, and Indigenous status of any participating child; and
- credit card or other payment details (as applicable).
- Through the operation of our product solution, we also generate and collect:
- identifiers for participating children and school coordinators/educators; and
- Learnosity module results data (including overall module scores, levels of achievement on student outcomes and percentile rank) for participating children.
How will we use and disclose your personal information?
- We collect personal information for the purpose of:
- providing you with access to the eSmart Digital Licence+ program (and issuing a participating child with a ‘Digital Licence’ on the successful completion of the applicable modules);
- responding to inquiries about the provision of our services, including product related customer service;
- preparing de-identified data for the Child Online Safety Index, and AMF and DQ Institute annual reports;
- direct marketing;
- evaluating and improving our products, which may involve sending voluntary customer surveys from time to time; and
- complying with our legal obligations.
- If you do not provide the information requested, you will not be able to activate the eSmart Digital program.
- The organisations to whom we typically disclose personal information are our contracted service providers who:
- operate and/or manage the eSmart Digital Licence+ program or the website from time to time on our behalf; or
- provide direct marketing services on our behalf.
These services providers may be located outside of Australia.
Legal grounds for data processing
- We collect and process personal information in connection with, and to perform our obligations under, our agreement with you in relation to the provision of the eSmart Digital Licence+ program.
- We will only use your personal information for direct marketing purposes with your consent. You can opt out of receiving direct marketing communications at any time.
Data storage and offshore transfers
- We primarily store personal information in Australia. We may need to share some personal information with our service providers in relation to the delivery of the eSmart Digital Licence+ program.
- If you are in a country that is a member of the European Economic Area (EEA), we and our service providers will transfer your personal information outside of the EEA only where relevant protections are in place. We will take steps to ensure your personal information will be afforded the level of protection required of us and our service providers in accordance with applicable data protection laws and current legally recognised data transfer mechanisms, such as:
- where the country has been deemed adequate by the European Commission (EC);
- where a valid Privacy Shield certification exists (in the case of a data transfer to a Privacy Shield certified US recipient); or
- by adopting appropriate EC approved standard contractual provisions.
- Overseas organisations may be required to disclose information we share with them under an applicable foreign law.
- We only keep your information as long as we require it:
- for the purposes of providing access to the eSmart Digital Licence+ program;
- as required for our business operations; or
- as required by applicable laws.
Your additional rights and choices
- You have the right to:
- request access to, or correction of, your personal information that we hold about you;
- make a privacy complaint; and
- if you are in a country that is a member of the EEA:
- request that we erase your personal information;
- object to the processing of your personal information; and
- request that we transfer your personal information to another organisation, or directly to you,
under certain conditions.
- You can contact us by calling 1300 668 056 or by sending us a message via the ‘Contact Us’ section of our website.
Without prejudice to any other rights or remedies that we may have against you under this agreement or at law, if you breach any provision of these Terms, we may, by giving you written notice, disable your access to the eSmart Digital Licence+ program, without any liability to you.
Comments and complaints
If you are having difficulties accessing the eSmart Digital Licence+ program or would like to lodge a query or complaint, please contact us at 03 9697 0666. We take your feedback seriously and will promptly investigate and respond to all genuine complaints.
- We may change these Terms from time to time. If we reasonably consider that the change is likely to:
- benefit you or have a neutral or minor detrimental impact on you, we may change these Terms by making such changes immediately without notifying you except by publishing these Terms as amended on the website; or
- have a significant detrimental impact on you, we will make such changes to these Terms no sooner than 10 days after we have notified you of those changes on the home page of the website.
If you do not accept a change made by us to these Terms, you must immediately cease using the eSmart Digital Licence+ program and the website.
- You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
- If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.
- These Terms will be governed by and construed in accordance with the laws in force in Victoria, and you unconditionally submit to the jurisdiction of the courts of Victoria. Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access the eSmart Digital Licence+ program or the website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on the content of the eSmart Digital Licence+ program or the website.
- These Terms are the entire agreement between us on their subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing or in some other format).