Terms of Use - Apple

  1. Agreement
    1. 1.1
      This is an agreement between the Commonwealth of Australia as represented by the Australian Electoral Commission ABN 21 133 285 851 (we, us or our) and any person (you) who downloads, installs or uses a version of the DemocraCity software application (App).
    2. 1.2
      By using the App, you agree to follow the terms of use below.  If you do not agree to follow these terms, please exit the App and permanently delete it from your device.
    3. 1.3
      If you are under 18 years of age and not legally permitted to contract:
      1. you may only install, use or access the App with the consent of a parent or guardian;
      2. please ask your parent's or guardian's consent before installing, using or accessing the App; and
      3. by installing, using or accessing the App, you warrant that you have obtained your parent's or guardian's consent to install, use or access the App. If you have not obtained the relevant consent, please exit the App and permanently delete it from your device.

  2. Licence and use
    1. 2.1
      We grant you a non-transferrable licence to use the App from the date you agree to these terms until you delete the App or we terminate this agreement.
    2. 2.2
      You agree that:
      1. you can use the App for educational purposes only;
      2. you must not copy, change or delete any part of the App;
      3. you must not reverse engineer, disassemble or decompile any software forming part of the App;
      4. we own all intellectual property rights in the App; 
      5. you won't breach our copyright or intellectual property rights; and
      6. you won't use the App for any unlawful purpose.
    3. 2.3
      This App is recommended for children aged 9 and above.  This is because the App includes content and education that may be best understood by this age group.  If you are younger than 9, you can still use the App but you may need to ask for help.

  3. Privacy
    1. 3.1
      We will handle any information provided by you in accordance with applicable privacy laws. For full details, please read our privacy policy available at https://education.aec.gov.au/DemocraCity/privacy-collection-notice.html.

  4. Exclusion
    1. 4.1
      As far as possible:
      1. we make no warranties, representations or guarantees in relation to the availability, continuity, reliability or security of the App; and
      2. we exclude and limit our liability. In other words, we don't accept liability for any loss or damage you may suffer.

  5. Applicable Law
    1. 5.1
      Australian law governs any use of the App. If there is a legal dispute, the Australian Capital Territory courts will have jurisdiction and Australian Capital Territory law will apply.

  6. Termination
    1. 6.1
      This agreement will continue to apply until terminated by you or by us.
    2. 6.2
      You may terminate this agreement at any time by permanently deleting the App from your device.
    3. 6.3
      We may terminate this agreement at any time without giving you notice.

  7. Changes to these terms
    1. 7.1
      We may make changes to these terms at any time. If we make changes, we will include updated terms in the App.
    2. 7.2
      If you continue to use the App after the terms have been changed, it will mean you have agreed to the change. If you do not agree, you should stop using the App and delete the App from your device.

  8. Contact us
    1. 8.1
      If you have any questions, complaints, claims, defects or performance issues with the App, you can contact us at digitaleducation@aec.gov.au.

  9. Apple-specific terms and conditions
    1. 9.1
      In addition to this agreement, you acknowledge and agree to the following provisions for your use of the version of the App that is compatible with the iOS operating system of Apple Inc (Apple):
      1. Apple is not a party to this Agreement and is not responsible for the App or the content contained in the App. We are solely responsible for the App and its content; 
      2. Apple is not responsible for providing any maintenance or support services for the App and has no obligation whatsoever to provide any maintenance or support services in respect of the App; 
      3. Apple is not providing any warranties for the App, except if applicable, to refund the purchase price for it;
      4. to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility; 
      5. Apple is not responsible for addressing any of your claims in relation to the App or your possession and/or use of the App, including:
        1. product liability claims;
        2. claims relating to a failure of the App to conform with any legal or regulatory requirement; or
        3. claims arising under consumer protection, privacy or similar legislation.

        We are responsible for addressing any of the above claims;
      6. Apple is not responsible for any claim that the App or your possession or use of the App infringes any third party's intellectual property rights, nor is Apple responsible for the investigation, defence, settlement or discharge of any such claim.  We will be responsible for any investigation, defence, settlement or discharge in these circumstances;
      7. Apple and Apple's subsidiaries are third party beneficiaries of this agreement and from the date you agree to these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you; and 
      8. the licence you have been granted under this agreement is limited to a non-transferable licence to use the App on an Apple-branded product that is owned or controlled by you, or as otherwise permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions or the Volume Content Terms except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via family sharing, volume purchasing, or legacy contacts.
    2. 9.2
      You represent and warrant that:
      1. you are not located in a region that is subject to a United States Government embargo, or a region that has been designated by the United States Government as a 'terrorist supporting' region; and
      2. you are not on any United States Government list of prohibited or restricted parties.