Get Started - End User Licence Agreement (Apple)

The Be Connected website is produced and maintained by the eSafety Commissioner in partnership with the Department of Social Services (DSS). This page outlines how the eSafety Commissioner and staff assisting her ('the Office') collects, manages and protects personal information as well as how we've made the Be Connected site as accessible as possible.

1. Using Get Started

Get Started is an educational app published by the eSafety Commissioner on behalf of the Australian Commonwealth government. It is a digital literacy mentoring app for friends and family of older Australians who are digitally disengaged. It is designed to help the mentors get their older friend or relative online in five simple steps.

Get Started is free of charge to download, install and use, and provided on the terms and conditions set out in this End User Licence Agreement (the EULA). Please read the terms and conditions of this EULA before downloading, installing and using Get Started. Do not download Get Started if you do not agree with this EULA.

2. Acknowledgment

This EULA is legal agreement between an individual, or organisation that downloads Get Started (the End User) on their Apple-branded device(s) and the eSafety Commissioner (acting on behalf of the Commonwealth of Australia). The eSafety Commissioner is solely responsible for Get Started and the content thereof.

The End User agrees to be bound by the terms of this EULA in consideration of the eSafety Commissioner granting the End User permission to use Get Started set out in this EULA.

3. Commencement

This EULA commences on the date the End User first downloads Get Started and continues until it is terminated under this EULA.

4. Scope of licence

Get Started consists of works or other subject matter that are protected by copyright, including software, text, artworks, video and music. The eSafety Commissioner grants the End User a non-transferable, non-exclusive, revocable, world-wide licence to copy and reproduce Get Started on any Apple-branded device that the End User owns or controls; communicate Get Started to the public, or cause it to be seen or heard in public.

The End User is only permitted to exercise the above rights for educational purposes and must not use Get Started for commercial purposes, including for sale or hire. This EULA does not constitute consent to breach the author’s moral rights regarding any of the works or other subject matter in Get Started.

Get Started must be used by the End User in accordance with this EULA.

5. Maintenance and support

The End User acknowledges that eSafety Commissioner has no obligation whatsoever to furnish any maintenance and support services with respect to Get Started.

The eSafety Commissioner’s Usage Guidelines set out technical information designed to assist End Users downloading, installing and using Get Started.

6. Warranty

Get Started is provided free of charge on a “as is” basis. While care has been taken to assess Get Started and related information before release, to the full extent permitted by law the eSafety Commissioner does not give any warranty that Get Started, and related information is to fit for use, reliable, free from omission, errors or defects that may impact on the operation of the End User’s device.

8. Limitation of Liability

The End User accepts responsibility for all risks and costs associated with their use of Get Started and related information about Get Started. The eSafety Commissioner are not liable to the End User for direct, indirect, special, incidental or consequential loss or damage of any character arising from, or in connection to, the End User’s use of Get Started, including any loss of data, loss of access to or control of a device, damage to a device, including damage caused by any virus regardless of the cause of such a virus.

9. Intellectual property rights

Except as provided for in this EULA, all other intellectual property rights in Get Started, including the coats of arms, logos, emblems, images, other protected marks are reserved to the eSafety Commissioner and any third party licensors.

The eSafety Commissioner and the End User acknowledge that, in the event of any third party claim that Get Started or the End User’s possession and use of Get Started infringes that third party’s intellectual property rights, the eSafety Commissioner, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

10. Legal Compliance

The End User represents and warrants that (i) it is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) it is not listed on any U.S. Government list of prohibited or restricted parties.

11. Third Party Terms of Agreement

The End User must comply with applicable third party terms of agreement when using Get Started.

13. Children and third party players

Get Started is designed to be downloaded by End Users including individuals, community support and aged care workers, trainers and educators. It is specifically designed for the mentors of older adults with low digital literacy.

If the End User permits a child to access Get Started on their Apple device, it is the responsibility of the End User to ensure that the content of Get Started is appropriate for that child, and where appropriate obtain the consent of the child’s parent or guardian to use Get Started.

The End User is responsible for ensuring any third party that accesses Get Started on their Apple-branded device complies with this EULA.

14. Privacy

The eSafety Commissioner’s Privacy Policy is here: https://esafety.gov.au/about-the-office/privacy-foi-and-legal

The eSafety Commissioner does not collect personal information about an End User of Get Started. Anonymous technical information about the download, installation and use of Get Started on a device is collected by the eSafety Commissioner and Apple, including information about how often Get Started is used on a device, the internet protocol (IP) address of the device and associated location based information. Such information is not used to identify the End User, it is used to assist the eSafety Commissioner and Apple with internal research, to understand how many people download and use Get Started and improve the services and relevant activities.

15. Variation

The eSafety Commissioner may vary the terms and condition of this EULA at any time by publishing the new EULA on the Be Connected website: https://beconnected.esafety.gov.au/get-started-app.

16. Termination

The End User may terminate this EULA by deleting all copies of Get Started from their Apple-branded device. The eSafety Commissioner may terminate this EULA at any time by placing a general notice on the Be Connected website: https://beconnected.esafety.gov.au/get-started-app.

If the EULA is terminated by the eSafety Commissioner, the End User must immediately delete Get Started from the End User’s device and follow any relevant instructions set out on the Be Connected website: https://beconnected.esafety.gov.au/get-started-app.

17. Governing Law

This EULA is to be construed in accordance with the law of the Australian Capital Territory and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that jurisdiction.

18. Contact information

Any questions about Get Started that are not covered by the Be Connected Support page: https://beconnected.esafety.gov.au/get-started-app, can be directed here: enquiries@esafety.gov.au.