PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.  IF YOU DO NOT AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS, ACCESS TO THE MOBILE APPLICATION (THE “APPLICATION”) IS NOT PERMITTED. TORRENS UNIVERSITY AUSTRALIA LIMITED, THINK: COLLEGES PTY LTD AND THEIR RELATED BODIES CORPORATE (JOINTLY OR SEVERALLY, LAUREATE AUSTRALIA) MANAGE THE USE OF THIS APPLICATION.

THIS APPLICATION IS AN INTERNAL APPLICATION AND HAS BEEN DEVELOPED AND MAINTAINED BY LAUREATE AUSTRALIA.

WHILE USING THIS APPLICATION YOU WILL HAVE ACCESS TO MATERIALS, DOCUMENTS, IMAGES, GRAPHICS, LOGOS, DESIGN, AUDIO, VIDEO AND ANY OTHER INFORMATION FOUND ON THIS APPLICATION (COLLECTIVELY, THE “CONTENT”).

The following terms and conditions may be updated from time to time at LAUREATE AUSTRALIA’s sole discretion.  Your continued use of the Application is deemed to be acceptance of the amended terms and conditions. If you do not agree to the amended terms and conditions, you must cease using the Application.

 

GENERAL

If you have been granted access to the Application, do not share your login information with others.

By accessing this Application you are deemed to have accepted the Agreement.

 

SUSPENSION AND TERMINATION

LAUREATE AUSTRALIA reserves the right to issue a warning or temporarily or indefinitely suspend or terminate your use of the Application in its sole discretion.

LAUREATE AUSTRALIA reserves the right to discontinue transmission or to terminate access to this Application at any time, in whole or in part, in its sole discretion and without notice.

 

UPLOAD/SUBMISSION

Your personal information will be handled in accordance with our Privacy Policy (as that term is defined below), but Content that you upload to this Application, including data, text, images or photographs (a “Submission”) may be available to third parties to whom LAUREATE AUSTRALIA has granted or will in the future grant services access privileges for educational purposes only.  You represent and warrant that you have the right to upload any such Submission and make it available to those who have been granted access privileges, and the Submission does not violate any relevant data privacy or other laws.  By uploading a Submission to the Application you hereby grant LAUREATE AUSTRALIA a perpetual, worldwide, non-exclusive, unrestricted, non-revocable, royalty-free licence to use, modify, adapt, reproduce, publish, transmit, exploit and otherwise maintain this Content on the Application and make it available for educational purposes to those to whom LAUREATE AUSTRALIA has granted or will in the future grant specific access privileges.  You agree to waive any moral rights (as defined by the Copyright Act 1968 (Cth)) which you or any other person may have in respect of a Submission.  You agree that you will not upload or otherwise provide any Submission which (i) is inaccurate, misleading, defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene (including Submissions which contain sexually explicit language or images), invasive of another’s privacy, sexist, racist, homophobic, violent, degrading or confidential; (ii) impersonates another person or entity; or (iii) violates any law, statute or regulation.

If any Submission uploaded by you, in whatever format, is deemed by LAUREATE AUSTRALIA, in its sole discretion, to be inappropriate for whatever reason, LAUREATE AUSTRALIA reserves the right to remove such material from the Application. LAUREATE AUSTRALIA is not responsible for any inappropriate Submissions.

 

RESTRICTIONS ON USE

This Application has been established and is maintained by LAUREATE AUSTRALIA.  Access to this Application is made available to you by LAUREATE AUSTRALIA or by an affiliated administrator on behalf of LAUREATE AUSTRALIA.  The distribution of material on this Application may be restricted by the laws and regulations of the country from which you are accessing this Application.  Where such restrictions exist, this information is not intended for distribution to, or use by, any person or entity in any such jurisdiction in contravention of those laws and regulations, and persons accessing the Application are required to inform themselves about and to observe any such restrictions.

 

DISCLAIMERS / WARRANTIES / LIMITATION OF LIABILITY

LAUREATE AUSTRALIA makes no representation or warranty as to the accuracy or completeness of the Content provided, nor does it warrant or represent that the Content is up-to-date or current, that LAUREATE AUSTRALIA has any duty to update any content, or that the Content is free from technical inaccuracies or typographical errors.  The Content and the Application are provided on an “as is basis,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, services, or products provided through or in connection with this Application and any implied warranties and conditions, whether statutory, arising from the course of dealing, or otherwise, of merchantability, quality, fitness for a particular purpose, expectation of privacy, accuracy, completeness, performance, currency, or non-infringement.  The limitations and exclusions in this section are subject to the Non-excludable Conditions.

If any guarantee, warranty, term or condition is implied or imposed in relation to this Agreement under the Australian Consumer Law or any other applicable legislation (a “Non-excludable Condition”), then LAUREATE AUSTRALIA’s liability for breach of the Non-excludable Condition is limited, at LAUREATE AUSTRALIA’s option, to the resupply of the services or the cost of having the services supplied again.

The disclaimers of liability in this section apply, subject to any Non-excludable Conditions, to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.  You specifically acknowledge that LAUREATE AUSTRALIA is not liable for any defamatory, offensive, infringing or illegal materials or conduct, or that of third parties contained on this Application, and LAUREATE AUSTRALIA reserves the right to remove such materials from this Application without liability.

SUBJECT TO ANY NON-EXCLUDABLE CONDITIONS, LAUREATE AUSTRALIA DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HOT LINKS IN ANY CONTENT, (C) THE UNAVAILABILITY OF THE APPLICATION OR ANY CONTENT, (D) ANY USE OF THE APPLICATION OR ANY CONTENT CONTAINED THEREIN, (E) ANY USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS APPLICATION OR ITS CONTENT, OR (F) ANY RELIANCE ON THE INFORMATION CONTAINED IN THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUBJECT TO ANY NON-EXCLUDABLE CONDITIONS, IN NO EVENT SHALL LAUREATE AUSTRALIA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THE APPLICATION OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF LAUREATE AUSTRALIA HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.

SUBJECT TO ANY NON-EXCLUDABLE CONDITIONS, IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST LAUREATE AUSTRALIA MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

YOU MAY NOT PROVIDE ACCESS TO THE NON-PUBLIC PARTS OF THIS APPLICATION TO ANY PERSON NOT AUTHORIZED TO ACCESS THIS APPLICATION.

 

APPLICATION LINKS

LAUREATE AUSTRALIA is not responsible for the content of any third-party-linked site that is not owned or controlled by LAUREATE AUSTRALIA, or of any other links contained in such third-party sites. LAUREATE AUSTRALIA provides links to you for your convenience only, and the inclusion of any link to a site not owned by LAUREATE AUSTRALIA is not an endorsement by LAUREATE AUSTRALIA of the site or its contents. LAUREATE AUSTRALIA assumes no responsibility for any other party’s site hyperlinked to this Application or in which any part of this Application has been hyperlinked.

No permission is granted to hyperlink other sites with any page in this Application. You must obtain prior written permission to hyperlink in any manner to this Application.

 

INTELLECTUAL PROPERTY

The Content presented through this Application comprise media in various formats including, but not limited to, graphics, audio and video downloads and text.  Content may be presented with a list of restrictions regarding use and these restrictions may vary from one media item to the next.  You agree to abide by any restrictions that accompany all Content. You also agree to indemnify and hold LAUREATE AUSTRALIA and respective officers, directors, employees, agents, successors and assigns, harmless from and against any and all claims, suits or proceedings, demands, losses, damages, liabilities and costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or resulting from your actual or alleged misuse or infringement of any patent, trade mark, copyright, trade secret or other intellectual property right in connection with any Content (including a Submission).  You agree to defend any indemnified party, at LAUREATE AUSTRALIA’s request, against any such claim, demand or suit.

If any of the intellectual property downloaded from this Application is used to create new works of authorship, all right, title and interest to such derivative works shall be owned by LAUREATE AUSTRALIA in their entirety and you agree to assign to LAUREATE AUSTRALIA from the date of creation all such right, title and interest (including all intellectual property rights) in any such derivative works created by or on your behalf.  You are obligated to inform LAUREATE AUSTRALIA of the creation or intended creation of any such derivative works by sending a notification to COMPANYSECRETARY@LAUREATE.NET.AU.

 

TRADEMARKS

“Laureate Education” and “Laureate International Universities” are registered trademarks and service marks of Laureate Education, Inc. (“Laureate”). Except to the extent permitted by applicable law, in the absence of any express licence or other grant of rights you are not permitted to use any trade name, trademark, service mark, logo or commercial symbol, or any other proprietary rights of LAUREATE AUSTRALIA or Laureate in any manner (including without limitation, reference to the other party as a client, customer or supplier in any press release, advertisement or other promotional material) inconsistent with the business purposes of LAUREATE AUSTRALIA or Laureate. Any use of the trademarks and service marks of LAUREATE AUSTRALIA or Laureate requires prior written approval. All benefits of such use shall inure to the benefit of Laureate.

 

PERSONALITY RIGHTS

The Application contains Content which may portray the image or voice an identifiable person who is alive or deceased recently. The use of images of living or recently deceased individuals is, in some jurisdictions, restricted by laws pertaining to personality rights, independent from their copyright status.  Before using these types of Content, please ensure that you have the right to use it under the laws which apply in the circumstances of your intended use.  You are solely responsible for ensuring that you do not infringe someone else’s personality rights.  Please note that some estates hold and control the personality rights of deceased individuals.

 

COPYRIGHT STATEMENT AND LICENCE

The contents of this Application, including, but not limited to, text, graphics, and icons are copyrighted materials owned or controlled by LAUREATE AUSTRALIA and/or Laureate and contain LAUREATE AUSTRALIA’s and/or Laureate’s name, trademarks, service marks, and trade names. LAUREATE AUSTRALIA grants to you a non-exclusive, revocable and non-transferable limited licence to view, download and use the Content for your own educational and non-commercial use and not for any other purpose. Neither title nor intellectual property rights are transferred to you, but remain with LAUREATE AUSTRALIA and/or Laureate (or their licensors), who owns full and complete title.  By accessing this Application you agree to observe all restriction notices associated with the Content found on the Application.

 

LOCAL LAWS AND EXPORT CONTROL

LAUREATE AUSTRALIA controls this Application and its Content from its headquarters in Australia. If you use this Application and its Content from other locations, you are responsible for compliance with applicable local laws including but limited to the export and import regulations of other countries.

 

MISCELLANEOUS

LAUREATE AUSTRALIA’S failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.  LAUREATE AUSTRALIA may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

QUESTIONS

Questions about these terms and conditions should be directed in writing to:

COMPANYSECRETARY@LAUREATE.NET.AU

 

PRIVACY

Personal information about you may be collected via the Application. Your personal information will be collected, held, used and disclosed by LAUREATE AUSTRALIA in accordance with its privacy policies which are available at:

Torrens University Australia Privacy Policy and THINK Education Privacy Policy.

 

APPLE APP STORE PROVISIONS

This section applies where the Application has been acquired from the Apple App Store. You acknowledge and agree that the agreement for use of the Application is solely between you and LAUREATE AUSTRALIA, not Apple, Inc. (“Apple) and that Apple has no responsibility for the Application or content thereof. Your use of the Application must comply with the App Store Terms of Service.  You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the Application to you.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these terms and conditions and any law applicable to LAUREATE AUSTRALIA as provider of the Application.  You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these terms and conditions and any law applicable to LAUREATE AUSTRALIA as provider of the Application.  You acknowledge that, in the event of any third-party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, LAUREATE AUSTRALIA, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these terms and conditions.  You represent and warrant that: (iv) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and (v) you are not listed on any U.S. Government list of prohibited or restricted parties.  You and LAUREATE AUSTRALIA acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these terms and conditions as relates to your licence of the Application, and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions as relates to your licence of the Application against you as a third-party beneficiary thereof.

 

Copyright 2018 Torrens University Australia Limited and Think: Colleges Pty Ltd