1.1. The Effort Tracking App (the ‘App’) is operated by Effort Tracking Pty Limited, registered in New South Wales ABN 70 629 400 871, registered office 137/ 149-197 Pyrmont Street, Pyrmont NSW 2009. (Effort Tracking Pty Ltd, we, us). The Academic Profiles App is operated by Academic Profiling Pty Ltd, registered in New South Wales ABN 64 637 338 482, registered office 137/ 149-197 Pyrmont Street, Pyrmont NSW 2009 and is offered for use under the same terms and conditions as the App.
2.2. You must register one or more Administrators with us, who will be given access to the Administrator dashboard via their school or institutional email addresses. Administrators will then provide access to other ‘Authorised Users’ via their school/ institutional email addresses using the functionality of the App.
2.3. Authorised Users will be allocated initial passwords which they must change via the change password functionality of the App and/or using the forgotten password dialogue. Who you give access to as your Authorised Users is at your discretion.
2.4. You are responsible for ensuring students change their passwords and keep them confidential and secure. You are solely responsible for all activities that occur using these passwords.
3. Use of the App
3.1. The App enables users to upload information, including their own perception of effort [stratified by criteria such as Diligence, Engagement and Behaviour] and to access information uploaded by other Users with their perceptions of effort using the same criteria, and to download such information relating to them. The App will then analyse and present this information based on the User’s information. Each Student will be able to identify only their own personal information, that is information relating to themselves. Parent users will only be able to identify information relating to their child.
3.2. Administrators may authorise other users to access information uploaded by themselves, Students and/or Teachers.
3.3. When you use the App you do so in accordance with our Licence Agreement. You must also comply with all applicable Australian laws and with any applicable state or local laws and regulations.
3.4. In particular, but without limitation, except where specifically provided for herein, you agree to ensure that you and your Authorised Users do not:
3.4.1. gain or try to gain unauthorised access to the App or any networks, servers or computer systems connected to the App;
3.4.2. gain or try to gain unauthorised access to other User accounts or other database deployments of the App for other Licensees.
3.4.3. use the App in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other User/s use and enjoyment of the App; and/or use by other Licensees of the App./
3.4.4. save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the App.
4. Your Content and Your Authorised Users’ Content
4.1. There are many opportunities for you and your Authorised Users to interact and provide content to the App and to access and use data generated by the App (User Content).
4.2. This User Content is unique to you and your Authorised Users. Students and parents are limited to positively identifying their own Personal Content which cannot be identified by other students or parents using the App, with the exception of parents who are also Authorised Users in some other capacity such as a Teacher. However, students and parents may be able to see anonymous data from other Users in order to put their Personal Data into context.
4.3. You can authorise others such as your academic and administrative staff to see, share and discuss User Content uploaded by any one or more of your Authorised Users.
4.4. Provided we ensure anonymity of your Authorised Users you further agree that we can use User Content for any other purposes, and combine User Content with other content for use within the App and otherwise. We do not have to attribute User Content to the User who first provided that User Content.
4.5. User Content must comply with all applicable laws and regulations. In particular, but without limitation, you must ensure that your User Content:
4.5.1. is not inaccurate, false or misleading;
4.5.2. does not infringe any third party rights, including copyright, trade marks or rights of privacy.
4.6. We are not responsible and accept no liability for User Content including any User Content that contains incorrect information. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. We do not necessarily endorse any opinion or statement contained in any User Content.
5. Effort Tracking Pty Ltd Content
5.1. The copyright in all material contained in the App including all information, data, text, images, and all source code and other software is owned by or licensed to Effort Tracking Pty Ltd (Our Content). All rights are reserved. You can view, print or download extracts of the Content for your own use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Our Content without our permission.
6. Liability and disclaimer – Your attention is particularly drawn to this section
6.1. You use the App and authorise others to use the App at your own risk. The App is provided on an “as is” basis. To the maximum extent permitted by law:
6.1.1. Effort Tracking Pty Limited disclaims all liability whatsoever, whether arising in contract, tort (including negligence) under statute or otherwise in relation to the App including all content uploaded by Users; and
6.1.2. all implied warranties, terms and conditions relating to the App (whether implied by statute, common law or otherwise), including without limitation any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded. Your statutory rights as a consumer are not affected.
6.2. Effort Tracking Pty Limited will not be liable, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the App, for any (a) economic loss including, without limitation, loss of revenues, profits, contracts, business or anticipated savings; (b) loss of reputation; (c) loss of data including your User Content; and/or (d) special or indirect or consequential loss even if advised of the possibility of such losses.
7.1. We will use reasonable endeavours to make the App available to you at all times. However, there may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. In addition, you acknowledge that the Internet may be subject to breaches of security and that the submission of content and interactions with other users may not be secure.
7.2. Should we have reason to believe that you or your Authorised Users are in breach or have been in breach of these Terms and Conditions and/or have misused the App in any way then we have the right to suspend or cease providing any services relating to the App and remove any content or features from the App.
7.3. Should we invoke clause 7.2. we may do so without notice and also without liability or responsibility to you and/ or your Authorised Users in any manner whatsoever in such circumstances.
8.1. We may suspend or disable your access to the App if:
8.1.1. you have breached any provision of these Terms;
8.1.2. we cannot verify or authenticate any information you or your Authorised Users provide to us.
8.2. If we disable your access to the App or any of your Authorised Users’ access to the App, you/they may not re-register under a different name and you acknowledge that you/your Authorised Users’ Content may be deleted.
9.2. You consent to receive all communications including notices and other information from Effort Tracking Pty Ltd electronically, including by email.
9.3. If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the App please follow this link https://www.fairtrading.nsw.gov.au/buying-products-and-services/guarantees,-contracts-and-warranties/contracts
9.4. These Terms shall be governed by and construed in accordance with the Laws of New South Wales and you agree to submit to the exclusive jurisdiction of the Courts and Tribunals of New South Wales.
10. Additional Terms for Users
10.1. We both acknowledge that these Terms are concluded between you and us only.
10.2. You agree that you are solely responsible for and you accept all liability for your use of the App. You also agree that, to the maximum extent permitted by law, you are responsible for all claims, losses, liabilities, damages, costs or expenses attributable to your use (and/or your misuse) of the App and/or your Authorised Users’ use (and/or misuse) of the App.
10.3. The Licence granted to you for the App is limited to a non-transferable licence to use the App on any device you or your Authorised Users control under the terms of the Licence.
10.4. Nothing in this Agreement amounts to any sort of joint venture or partnership agreement between Effort Tracking Pty Ltd and you.