My Induction - Terms and Conditions

My Induction Application: Application Licence

 

The term “Application” used in this Application Licence refers to the My Induction Application (including upgrades). This application is to be used on Apple iOS and Android OS devices and has been developed on behalf of Australian Institute for Teaching and School Leadership Limited (AITSL). 

Please read the terms of this Application Licence carefully.

The Application has been developed by AITSL to support the implementation of the Graduate to Proficient: Australian guidelines for the teacher induction into the profession (the Guidelines) by providing expert advice and activities to enable beginning teachers to develop in the four key areas identified by the Guidelines (Professional practices, Professional identity, Wellbeing and Orientation).

The Application also allows beginning teachers to regularly assess and track their professional enthusiasm, professional self-efficacy, perceived stress and perceived support by answering a series of questions (Results Data). Suggested resources will be recommended depending on their results. Beginning teachers are also able to record responses to and reflections on quizzes, scenario-based activities and challenges and access a Question Bank with supplied responses from Highly Accomplished and Lead Teachers Network members.

By downloading, installing, accessing and using this Application, you accept and agree to be bound by the terms and conditions set out in this Application Licence (Terms and Conditions).

Privacy and Data Protection

  1. AITSL will use all reasonable efforts consistent with prudent commercial practice to ensure that any information you provide as part of the registration process will be in accordance with AITSL’s Privacy Policy, which is available here: http://www.aitsl.edu.au/docs/default-source/default-document-library/aitsl_privacy_policy.pdf?sfvrsn=4
  2. By registering as a user of the MyInduction application you agree to receive e-mail communication from AITSL. E-mail addresses may be used to, provide you with more information concerning you registration and use of the MyInduction application; to respond to feedback; and to advise you of other matters that AITSL considers may be of use, or interest, to you.
  3. You acknowledge and agree that AITSL may track and archive information regarding your use of the Application (Use Information). Use Information may be used by AITSL for statistical purposes and for system administration tasks to maintain this service.) AITSL does not attempt to identify individuals as part of our regular business practices however in the unlikely event of an investigation, AITSL, a law enforcement agency or other government agency may exercise its legal authority to inspect the server's logs.
  4. You acknowledge and agree that AITSL may collect and use aggregated Result Data for statistical analysis and to assess the impact of the Guidelines.  In addition, AITSL may use and publish de-identified aggregated Result Data for research and other education-related purposes
  5. Resource and tracker metadata (including text and tracker results) are stored in a back-up database allowing for use of the Application across multiple devices by a user. AITSL will use all reasonable efforts consistent with prudent commercial practice to ensure data is held in accordance with AITSL’s Privacy Policy.
  6. Unless otherwise indicated, as between AITSL and you, copyright in the Application is the property of AITSL.

Conditions of use

2.1       You will not, (nor allow, assist or authorise third parties on your behalf):

  1. make or distribute copies of the Application
  2. attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or
  3. create derivative works of the Application of any kind whatsoever.

2.2       The Application is currently made available to you free of charge for your personal, non-commercial use. AITSL reserves the right to amend or withdraw the Application, in accordance with these Terms and Conditions, at any time and for any reason.

2.3       The function and features (Services) provided in the Application are evolving and the form and nature of the Services that the Application provides may change from time to time without any prior notice to you. 

2.4       You acknowledge that the terms of agreement with your respective mobile network provider (Mobile Provider) will continue to apply when using certain functionality available on the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing that functionality within the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

2.5       If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you may not use the Application unless, and until, you have received permission from the bill payer to use the mobile telephone or handheld device to access or use the Application.

2.6       You are responsible for the safeguarding of the password used to access the Application. 

2.7       When participating in activities as part of or in connection with, the Application, you undertake to maintain a professional demeanour and behaviour consistent with participating in a professional learning and improvement environment.

2.8       AITSL reserves the right to monitor your conduct as part of, or in connection with, the Application.

2.9       AITSL reserves the right to remove you as a user of the Application (or bar you from access to the Application) if you engage in behaviour that is not in accordance with the professional standards described in these Terms and Conditions.

2.10     AITSL may at any time and at AITSL’s absolute discretion vary these Terms and Conditions.  You should therefore review these Terms and Conditions regularly to ensure that you are aware of any changes.

Content

3.1       You are solely responsible for the creation, transmission of and exportation of, material, including but not limited to, data, text, software, images, videos, graphics, messages, files or other material (Content), to third parties through the Application.

3.2       Subject to these Terms and Conditions, you may provide and use text-based material (that you have created) as part of your use of this Application. You may not include any third party generated material onto the Application (other than by way of a reference to such material).

3.3       By posting any Content to this Application, you represent and warrant that that content is accurate, does not breach these Terms and Conditions, and that you own or otherwise control all of the rights to the content that you post or otherwise contribute or provide as part of, or in connection with, the Application.

3.4       You will own all the Content you generate through using this Application and you will control how it is shared through your choice of how you send Content to another location and in determining to who you provide access to view the Content.

3.5       AITSL does not own or control the Content generated by Users via the functions and features available within the Application (Service) and, does not guarantee the accuracy, integrity or quality of such Content. Users are solely responsible for who they allow to access their Content and all those who access the Application acknowledge and agree that AITSL is in no way liable for any Content generated by any person who creates any Content through the use of the Application (Users). 

3.6       When using this Application you must ensure that your Content does not contain any content which:

  1. breaches any applicable law;
  2. is obscene, offensive, racist, threatening or harmful to any group or individual;
  3. contains personal information (other than personal information which the person about whom the personal information relates has authorised for use in connection with this Application)
  4. invades the privacy of anyone;
  5. is defamatory, false or misleading or otherwise damaging to any corporation, group or individual;
  6. breaches any third party’s copyright or other intellectual property rights;
  7. contains computer viruses, malicious computer code or other forms of interference which may damage computer systems or databases (Viruses); or
  8. contains political or commercial messages.

3.7       In addition, to your obligations under these Terms and Conditions:

  1. you agree not to use the Application unlawfully or for illegal purposes, or in violation of any academic or ethical code of conduct, policy or to advertise or market to other users;
  2. you agree that you will obtain consent from other people if you collect information regarding them, and
  3. in using or accessing the Application or uploading Content to the Application, you undertake to AITSL that you will NOT:
  1. access, tamper with or otherwise use areas of the Application, other than as expressly authorised by these Terms and Conditions;
  2. tamper with any content related to any person other than you;
  3. provide as part of, or in connection with, the Application any name, branding, trademarks, logos, seals or slogans or copyright material of any third party without the prior written consent of both the third party and of AITSL;
  4. solicit, garner, glean or gather any other user’s information available as part of, or in connection with the Application, including without limitation, names, phone numbers or email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, “junk mail”, “spam” or “chain letters”;
  5. frame or link the Application without the prior written consent of AITSL;
  6. suggest or otherwise represent that you have any affiliation with or sponsorship by or from  any individual, partnership, company, entity, organisation or other body corporate or incorporate related to the Application that you do not have;
  7. engage in any deceptive or misleading practices;
  8. breach any obligations of confidence owed to any person;
  9. breach any law, regulation or contractual obligation you owe to a third person;
  10. release or otherwise make available any publicity, promotional or advertising material or any other information concerning the Application, without the prior written consent of AITSL
  11. email, transmit or otherwise make available any content which:
    1. is in breach of the undertakings made by you in this clause;
    2. contains any defects or Viruses;
  12. decompile, reverse engineer or disassemble any software, device or other processes forming part of, or used in connection with, the Application; or
  13. use any content contained on the Application in breach of these Terms and Conditions.

Availability

4.1       This Application is available to handheld mobile devices running Apple iOS 8 or higher and Android 4.1 or higher Operating Systems. Subject to clause 4.1, AITSL will use reasonable efforts, consistent with prudent commercial practice, to ensure the Application is available at all times. However you acknowledge and agree that certain functionality within the Application is provided over the internet and mobile networks and so the quality and availability of these features within the Application may be affected by factors outside AITSL’s reasonable control.

4.2       AITSL does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access the software and Content or any other communication system failure which may result in the Application being unavailable.

4.3       Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will apply to your use of the Application.

Termination

5.1       AITSL may terminate use of the Application at any time by giving notice of termination to you.

5.2       AITSL may terminate the registration of any user at any time for the Application and any or all AITSL owned applications.

5.3       Upon any termination you must cease all use of the Application.

Limitation of Liability

6.1       You are solely responsible for all Content you generate in this Application.

6.2       To the fullest extent permitted by law, you release and indemnify and will keep released and indemnified each of AITSL and the developer of the Application and each of its and their officers, employees, agents, contractors and representatives (those Indemnified) now (and in the future) for all damages, losses, penalties, fines, expenses and costs (including legal costs on a full indemnity basis) which arise out of, in connection with or relate to:

  1. your use of this Application;
  2. any information that you provide to us (whether via the Application or otherwise);
  3. any damage that you may cause to this Application or to the property or reputation of any of those Indemnified.

6.3       You acknowledge and agree that the indemnification provided by you includes, without limitation, any and all liability that may arise in respect of, relating to, or in connection with copyright infringement, defamation, invasion of privacy, trademark infringement and breaches of the Competition and Consumer Act 2010 (Cth).

6.4       You acknowledge and agree that in no event or circumstances will AITSL be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any whatsoever kind arising out of your use or access to the Application including, without limitation, any loss of profit.

6.5       You further acknowledge and agree that AITSL is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

Intellectual Property

Unless otherwise indicated, intellectual property (including copyright) in all information (including, data, Results Data, images, trademarks, text, graphics, logos, icons, sound and video recordings and software) is owned or licensed by AITSL. Information procured from a third party may be the subject of copyright owned by that third party. You must not do anything which interferes or breaches the intellectual property rights in the information.

Acknowledgement

The Australian Institute for Teaching and School Leadership was formed to provide national leadership for the Commonwealth, state and territory Governments in promoting excellence in the profession of teaching and school leadership with funding provided by the Australian Government.