The Social Policy Group Terms of Use

These Terms of Use apply to Your use of Our websites at https://socialpolicy.org.au and https://www.myausapp.com/ (Websites) and mobile applications (Apps) including the MyAus App.

By clicking on the “I agree” button or by downloading or using Our Apps or Websites, You accept and agree to these Terms of Use. Please read them carefully before agreeing. If You do not agree to these Terms of Use, You must not use or stop use of Our Apps or Websites. Your continued use of Our Websites or Apps will be interpreted as agreeing to these Terms of Use.

Our Privacy Policy applies to any personal information that we collect about You as a result of Your use of the Websites and Apps.

When You access Our Apps for the first time You will be presented with a link to Our Privacy Policy.

As Our Apps are designed for adults, if You are under the age of 18 You must not use the Apps without the permission of Your parent or guardian.

1 MEANING OF DEFINED TERMS AND HOW TO INTERPRET THESE TERMS OF USE

1.1 In these Terms of Use, certain terms are capitalised. Unless We say expressly otherwise, the following capitalised terms have the meaning set out below:

Agreement means the agreement between You and Us as set out in these Terms of Use applying to the use of Our Apps or Websites (as may be amended by us from time to time in accordance with these Terms of Use).

Intellectual Property Rights means all intellectual property rights, including all copyright, inventions, patents, trade marks, design rights, rights in databases, trade secrets, domain names and rights in URLs, know how and other rights of a similar nature, anywhere in the world, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application or renew or continue such rights and including all adaptations and derivations of these things and all future rights in the same.

Us, We, Our means The Social Policy Group (ABN 81 158 840 325) of 46 Jardine St, Kingston ACT 2604 Australia.

You, Your means the person downloading and using the Apps or visiting Our Websites.

1.2 Unless the context requires otherwise, the following rules of interpretation apply to these Terms of Use:

(a) the singular includes the plural and vice versa;

(b) headings are for convenience and do not form part of this Agreement or otherwise aﬀect the interpretation of this Agreement;

(c) where any word or phrase is given a deﬁnite meaning in this Agreement, any part of speech or other grammatical form of that word or phrase has a corresponding meaning;

(d) the term "includes" (or any similar term) means "includes without limitation"; and

(e) where there is any conflict in meaning between the English version of this Agreement and any translation into a language other than English, the English version will apply.

2 CONDITIONS ON YOUR USE OF APPS AND WEBSITES

2.1 Our Apps and Websites are for Your personal use only. You must not use the Apps or Our Websites for any commercial or business purposes.

2.2 We may stop providing the Apps or Websites at any time for any reason.

2.3 To use the Apps or Our Websites, You will need internet connectivity and appropriate telecommunication links which You will need to provide at Your own cost. The terms of agreement with Your mobile network provider (Mobile Provider) will continue to apply when using the Apps or Websites and so You may be charged by Your Mobile Provider or others for access to network connection services while accessing and You accept responsibility for these charges. If You are not the bill payer for the mobile telephone or other device being used to access the Apps, You must get permission from the bill payer.

2.4 You must not hack, copy, reverse engineer, redistribute or introduce malware/viruses to extract data from the Apps or Websites or otherwise unlawfully interfere with the security or software of the Apps or Websites.

2.5 You must not use the Apps or Websites for any fraudulent or illegal purposes.

2.6 You must not engage in any conduct which restricts or inhibits any other user from using or enjoying the Apps or Websites.

3 YOUR ACKNOWLEDGEMENTS

3.1 To the extent permitted by applicable law, You acknowledge and agree that We are not warranting or guaranteeing any of the following:

(a) that access and use of the Apps or Websites will be uninterrupted, error-free, or completely secure;

(b) that the Apps or Websites will be compatible, or operate in any combination with Your mobile telephone or any other device which may be selected for use by You;

(c) that Your use of the Apps or Websites will be uninterrupted and any information transmitted via the Apps or Websites will be transmitted reliably or in a timely manner; or

(d) that the Apps or Websites to be free from virus, spyware or malware.

4 INTELLECTUAL PROPERTY RIGHTS

4.1 Nothing in this Agreement or any permission granted to You to use the Apps or Websites is intended to operate or will operate as a transfer of Our Intellectual Property Rights to You.

4.2 You acknowledge that We, or Our third party licensors in respect of particular aspects, own all Intellectual Property Rights in the Apps and Websites and all information and content available in the Apps and Websites.

4.3 You must not directly or indirectly do anything that misuses our Intellectual Property Rights or which would or might invalidate or put in dispute Our rights (including Intellectual Property Rights) to or in any of the Apps, Websites, information and content available in the Apps or Websites, or THE SOCIAL POLICY GROUP name, logos or its registered or unregistered trade marks (Trade Marks). In particular, You must not apply for or register in your own name (or in any third party’s name) any trade marks or domain names anywhere in the world that incorporate or include any of Our Trade Marks.

4.4 You must comply with Our reasonable usage guidelines and directions with respect to the Apps, Websites and the Trade Marks as notiﬁed to You from time to time.

4.5 You may download the Apps on to Your device but You must not:

(a) copy, reproduce or distribute any of the content in the Apps or Websites;

(b) reverse engineer, decompile, modify or create works derivative of the Apps or Websites;

5 TERMINATION & SUSPENSION

5.1 If You have breached this Agreement, We may notify You of this and give you an opportunity to rectify Your breach of this Agreement if that is possible. If You do not rectify Your breach of this Agreement (or if it is not possibly to rectify that breach), We may suspend or terminate Your use of the Apps and our Websites at Our discretion.

5.2 If We suspend Your use of the Apps under clause 5.1, We may refuse to allow You to use the Apps until You have rectiﬁed the breach of this Agreement.

5.3 You may terminate this Agreement at any time for any reason by sending us a written notice that You have terminated it but You must stop use of the Apps and Websites immediately on such termination.

5.4 If You or We terminate this Agreement, then Your rights to use the Apps and Websites immediately cease and You must stop using the Apps and delete the Apps from Your mobile telephone or other devices.

6 DISCLAIMER & LIABILITY

6.1 The Apps, Websites and related content are provided as a general information resource only and are not designed to be or to replace professional or legal advice.

6.2 We have made reasonable eﬀorts to provide accurate and up-to-date information through the Apps and Websites. However, information can become outdated quickly, particularly if there is a change in law or government policy. To the extent permitted by applicable law, We do not represent or warrant that the information, or translations of information, provided in the Apps or Websites is reliable, accurate, complete or up-to-date.

6.3 To the extent permitted by applicable law, We are not liable for any loss or damage resulting from any action taken or reliance made by You on any information, or translations of information, contained within the Apps or Websites.

6.4 To the extent permitted by applicable law, We exclude all liability in respect of Your use of the Apps or Websites or any consequential or indirect loss or damages, even if We have been advised by You of, or We should have reasonably been aware of the possibility of, such loss.

6.5 You acknowledge and agree that the Apps and Websites are provided as is and as available and that Your use of the Apps or Websites is entirely at Your own risk.

6.6 The website links provided in the Apps and Websites are provided for Your convenience only. We do not take responsibility for their content or endorse any opinions or recommendations provided in those websites. You agree that We are not responsible for any damages or loss that You may suffer as a result of following those links.

6.7 You acknowledge that the disclaimers and exclusions of liability in this clause 6 are reasonably necessary to protect our business interests as a consequence of making Our Websites and Apps available to You free of charge. Where Our Website includes any online learning modules, there may be a fee payable for accessing these modules, which you must pay separately. Nothing in this Agreement will affect Your statutory rights under applicable law including the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)..

6.8 Where any applicable legislation in Australia implies any warranties, guarantees or conditions or imposes obligations upon Us which cannot be excluded, restricted or modified (including except to a limited extent), these Terms of Use must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which We are able to do so, Our liability will be limited, at Our option, to:

(a) in the case of any goods supplied by Us, either (i) replacement of the goods or supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; or

(b) in the case of any services performed by Us, either: (i) the performance of the services again; or (ii) the payment of the cost of having the services performed again.

7 CHANGES TO THE APPS OR WEBSITES

7.1 We may change, modify, substitute, suspend or remove the Apps or Websites and any information and features contained on the Apps or Websites from time to time without any notice to You. If You are not happy with a change that We have made to any of Our Apps or Websites, You can terminate this Agreement in accordance with clause 5.3.

7.2 Your access to the Apps or Websites may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities. We will attempt to restore access to the Apps or Websites as soon as We reasonably can.

8 PRIVACY

We collect, use and disclose Your personal information in accordance with Our Privacy Policy.

9 GENERAL

9.1 Law and disputes: The laws of the Australian Capital Territory apply to this Agreement and its interpretation and construction and any claims or allegations made in connection with this Agreement. Any disputes under or in connection with this Agreement will be determined by the courts of the Australian Capital Territory and You submit to the jurisdiction of those courts and courts hearing appeals from them.

9.2 Invalidity: If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without aﬀecting the validity or enforceability of the remaining provisions.

9.3 Further Assurances: Each party must at its own expense do everything reasonably necessary to give full eﬀect to this Agreement and the events contemplated by it.

9.4 Entire Agreement: This Agreement is the entire agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements.

9.5 Third Party Rights: No person who is not a party to this Agreement has any rights under it or to enforce its terms.

9.6 Variation: We may amend this Agreement from time to time. The amended Agreement will be notiﬁed to You via the Apps or posted on Our Websites and will take eﬀect from the date the amended Agreement is posted on the Apps or Websites or notified to You (if earlier). If You do not accept any amendment to this Agreement that We may make under this clause, then You can terminate this Agreement in accordance with clause 5.3, in which case You must stop using the Apps and Websites. If You continue to use the Apps or Websites after We have notiﬁed You of the amended Agreement, You are taken to accept and be bound to the amended Agreement. The date of the last update to this Agreement is as set out in these Terms of Use.

Note: This page is available in English only.

First published: 11 May 2021

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