EQI 'Your Passport to Queensland' mobile application - Terms and Conditions
This is an agreement between You and the State of Queensland, represented by the Department of Education, Education Queensland International (referred to as 'the Department', 'We', 'Our' or 'Us' in these terms and conditions), governing Your use of the 'Your Passport to Queensland' Application (Mobile App).
Please read these terms and conditions carefully.
By taking steps to install the Mobile App on your mobile or other electronic device (Device), You agree to be bound by them.
These terms and conditions continue to apply unless We notify You of replacement or amended terms and conditions (see General Terms), in which case those terms and conditions will apply to Your use of the Mobile App.
Your use of the Mobile App
Purpose of the App
The Mobile App is designed to provide pre-departure information for students enrolled to study in Australia though our International Student Program (Enrolled Students).
Enrolled Student access
To access the full functionality of the Mobile App, You will need a verification code issued by Us after your enrolment is confirmed.
Please note that:
a) You must not share the verification code with anyone else; and
b) the verification code may remain valid for a limited time only.
If You are not an Enrolled Student, Your access to the Mobile App may be limited.
Communications through the Mobile App
We will assume that any communication through the Mobile App was sent or received by You, once the Mobile App is verified with a verification code issued to You.
We grant You a limited, non-transferable, non-exclusive, revocable licence to install and use the Mobile App on any device that you own or control for personal educational purposes.
You must not use the Mobile App for any commercial purpose.
This agreement will also govern any content or services that are accessed within the Mobile App and any update of the App (that is released by us and downloaded by you), unless such update is accompanied with different licence terms or an express statement that this agreement does not apply.
The licence We grant to You does not extend to You:
c) installing and using the Mobile App on any Device other than a Device that You own or control;
d) copying, modifying, adapting, extracting (for example, downloading), reproducing or distributing any part of, or material in (including but not limited to licensed third-party images), the Mobile App, unless explicitly allowed by Us;
e) creating a derivative work of the Mobile App;
f) reverse engineering or decompiling, disassembling or attempting to derive the source code or trade secrets of any part of the Mobile App;
g) using any licensed third-party image as a stand-alone file;
h) using any of the trade names, trademarks, service marks, logos, domain names, design layouts and other distinctive brand features in the Mobile App; or
i) removing, obscuring or altering any legal notices displayed in the Mobile App
4.0 Changes to the Mobile App
We may, at Our sole discretion, change, add or remove any of the functionality or the design of the Mobile App at any time without notice to You. If We do update the Mobile App, these terms and conditions will govern any such update to the Mobile App.
5.0 Availability of the Mobile App
We do not guarantee that the Mobile App will be available at all times. We may without notice to You:
- cease providing the Mobile App or services which it depends on to function; or
- interrupt the Mobile App from time to time, for example, to perform maintenance activities.
6.0 Collection and use of non-personal information
We may collect, use and disclose non-personal information about Your Device, Your use of the Mobile App and Your content preferences for the purposes of ongoing development, sending You notifications, quality assurance and updating the Mobile App. You agree that this information can be collected, used and disclosed by Us so long as it is not personal information.
We will not collect any location information about Your Device.
7.0 Privacy and personal information
We may collect some limited personal Information about You through Your use of the Mobile App. "Personal information" is as defined in the Information Privacy Act 2009 (Qld).
The personal information is collected to enable the Mobile App to provide a personalised experience for You, to help Us understand Your level of readiness for a visit to Australia, and to identify where We might provide You with additional information or support during your visit. It may also assist Us to plan and develop Our services.
If You do not provide personal information in the Mobile App then that may affect access to some the functionality of the Mobile App.
It is Our usual practice to disclose the personal information to Our staff responsible for your care and education. We may also disclose it to EQI accredited schools.
Your personal information is also subject to the privacy section of Your enrolment agreement with Us.
We do not collect personal information through the Mobile App relating to users who are not Enrolled Students.
We do not have control over any information You provide to the Mobile App, which is stored on Your Device. You are fully responsible for the storage and security of that information, which may also depend on the providers of other software (e.g. Apple or Google) or services. The Mobile App uses industry standard security to communicate with Us. You acknowledge that You are solely responsible for backing up Your data.
9.0 Third Party content and services
To the extent that the Mobile App includes content that is made available by a third party, or includes a link to a third party (being someone other than Us) website, app or service, then You agree that We are not responsible for examining or evaluating, or the accuracy or completeness of, that content.
The information and links are provided for convenience only and You should not rely on that as a statement by Us on any particular matter.
We are not responsible for the content or conduct of third-parties.
We have used Our best endeavours to ensure that the information provided on the Mobile App is correct and current at the time We made the Mobile App generally available for download. You should make sure that You regularly check for any updates to the Mobile App that are available to download.
To the maximum extent permitted by law:
- We make no warranty, express or implied, that the information included in or accessed through the Mobile App is correct, current or complete;
- as the Mobile App is provided on an 'as is' basis, We make no warranties that the Mobile App is uninterrupted, error free, fit for purpose, that any defects with the Mobile App will be rectified, or that the Mobile App will not have unintended effects on the operation of Your Device;
- We expressly disclaim all warranties and guarantees, whether express, implied or statutory, including, without limitation, any warranties or guarantees regarding merchantability, fitness for a particular purpose, non-infringement, title, reliability, accuracy, completeness or quiet enjoyment. You may have additional consumer rights under your local laws that this agreement cannot change.
- We (and Our employees and agents) exclude any liability We may have to You or anyone else that uses the Mobile App on Your Device for any loss (including loss of benefits, profits, revenues, savings, interest, rent or time), damage, cost or expense, whether direct, indirect, special, incidental, punitive, consequential or otherwise arising from or in connection with:
- the use of or inability to use the Mobile App or related services;
- the provision of, or failure or delay to provide the Mobile App or related support services;
- the loss, corruption, removal or amendment of any data;
- incorrect or out of date information in the Mobile App; or
- Internet, hardware or other computer-related failures, malfunctions or errors; or
- Your use of third party software in connection with the Mobile App.
11.0 Intellectual Property Rights
The Mobile App, including the content contained within it, is subject to copyright.
We and Our licensors own all rights, title and interest (including all associated copyright and other intellectual property rights) in and to the Mobile App, including all content contained in the Mobile App (except Your data).
Your use of the Mobile App in no way transfers or assigns ownership in any intellectual property rights (including copyright) to You.
You grant Us an irrevocable, perpetual, non-exclusive licence (including the right to sublicense) to exercise the intellectual property rights in the content you provide to Us though the Mobile App for purposes in connection with the Mobile App or the services that We provide, or Your visit to Australia.
12.0 Misuse of the Mobile App
You must not attempt to circumvent, disable or defeat any of the security features or components that protect the Mobile App and You must not assist, authorise or encourage others to do so.
You must use the Mobile App in a reasonable manner, and not use the Mobile App against any law, regulation, order or legislative instrument or to commit fraud or other offences, or in a way that harms Us or third parties. You must not:
- remove or alter any copyright, trademark, logo or other proprietary notice or label on or in the Mobile App;
- sub-licence, copy, reverse engineer, decompile or disassemble the Mobile App, or otherwise attempt to derive the source code or trade secrets of the Mobile App, any updates, or any part thereof other than as expressly permitted by applicable law;
- create any derivative works of the Mobile App; and
- use the Mobile App other than as expressly permitted by this agreement, or in any manner that We reasonably determine to be inappropriate or excessive.
13.0 General Terms
We may terminate this agreement and revoke Your licence to install and use the Mobile App at any time. If We notify You that We have terminated this agreement, You must stop using the Mobile App and promptly remove it from Your device.
We may amend or replace these terms and conditions from time to time by notice to You. If You do not agree to those amendments, You should cease to use the Mobile App and remove it from Your device. By continuing to use the Mobile App you will be deemed to have agreed to such amendments.
You must not assign, sub-licence or novate any part of this agreement. We may assign or novate this agreement in whole or in part to another person.
This agreement (together with any Enrolment Agreement which has been entered) constitutes the entire agreement between You and Us in connection with the Mobile App.
You are fully responsible for all third party costs associated with accessing the Mobile App, including without limitation all fees charged by your mobile and/or internet service provider.
If any part of this agreement is void, illegal or unenforceable, We may remove it and the remaining parts will continue in force. Any affected term will be changed and interpreted so as to best accomplish the objectives of such term within the limits of applicable law.
This agreement is governed by the laws of Queensland, Australia. Any dispute or controversy between us related to the Mobile App or these terms and conditions will be subject to the jurisdiction of the courts of Queensland, Australia and their courts of appeal.
14.0 Contact Information
You can contact Us with any questions, complaints or claims at:
Education Queensland International
Telephone number (within Australia): 1800 316 540
Telepho ne number (outside Australia): +61 7 3513 5301
E-mail address: email@example.com
15.0 Terms required by Apple
15.1 Application: this clause applies where the Mobile App (Licensed Application) is suitable to be installed on Apple branded productions.
15.2. Acknowledgement: This agreement (EULA) is concluded between You and Us, and not with Apple, and Apple is not responsible for the Licensed Application or the content thereof.
15.3. Scope of License: The license granted to You for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple- branded Products that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
15.4. Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
15.5. Warranty: In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application to You; To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
15.6. Product Claims: Apple is not responsible for addressing any claims You have relating to the Licensed Application or Your possession and/or use of that Licensed Application.
15.7. Intellectual Property Rights: Apple will have no responsibility for the investigation, defense, settlement and discharge of any third part claim that the Licensed Application or Your possession and use of that Licensed Application infringes that third party's intellectual property rights.
15.8. Legal Compliance: You warrant that You are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
15.9. Third Party Beneficiary: Apple, and Apple's subsidiaries, are third party beneficiaries of the EULA, and upon Your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.