Terms of Service
IMPORTANT: By accessing or otherwise using the Service (as defined below), you agree to be bound by this Agreement and agree to access or otherwise use the Service in accordance with this Agreement. If you do not accept and agree to be legally bound by and comply with this Agreement, you are not permitted to access or otherwise use the Service.
Your Edu Journey Pty Ltd Limited, a company incorporated in Australia (“Your Edu Journey Pty Ltd”) is the owner, operator and licensor of the Application and Website as defined below. Your rights to use the Application and Website are set out in this Agreement.
The Service enables a teachers, tutors and schools to upload, record and evaluate a student’s learning through various media, such as images, videos and documents. The Service also provides analysis and planning tools and facilitates communication between teachers.
“Account” (depending on the context) School Account (facilitating the access to one or more Student Profiles and Teacher or Tutor Portfolios) or an account controlled by a Primary Account Holder pertaining to one or more students.
“Application” means the teacher e-portfolio service provided by Your Edu Journey Pty Ltd, including that available on and through the Website, and unless the context requires otherwise includes all such applications we provide (including, without limitation the family version of our device application).
“Authorised Viewer” means a person who is authorised by a Primary Account Holder to view and/or access a Student Profile, being typically but not exclusively limited to that student’s teachers, tutors or school executive.
“School” means an organisation or enterprise providing education and/or learning and/or wellbeing services for student.
“School Account” means an account that a school has with Your Edu Journey Pty Ltd, enabling it to use the Service.
“Student” means a student whose Student Profile exists within the Application.
“Student Content” means Content about, depicting or pertaining to a particular Student.
“Student Profile” means the profile, page(s) and other dedicated area(s) appearing on the Application pertaining to a given Student on the Application.
“Content” means the profile page(s) appearing on the Application pertaining to a given Student and any other Content pertaining to that Student that is accessible via the profile page, including activity feed, notes, plans and student assessment data.
“School” means, as the context dictates:
- a school that has registered to use the Application;
- an individual authorised by the school to use the Application, typically being a school;
- provider/educator/administrator of a school; or
- another professional care provider teacher or tutor who has registered to use the Application.
“Teacher Profile” means a personal portfolio of a teacher at a School, being created by or for that educator for and in connection with their use of the Service.
“Fees” means any applicable fees that may be payable by the User as detailed at www.youredujourney.com and on the apple app store
“Intellectual Property Rights” means any intellectual property rights in existence now or coming into existence in the future anywhere in the world and includes (but is not limited to) rights in respect of copyright, trade marks (whether registered or unregistered), inventions, patents, designs (whether registered or unregistered), confidential information and know how.
“Personal Data” means any information relating to an identified or identifiable individual. This includes names, physical addresses, email address, IP addresses, behavioural data, location data financial information and much more.
“Primary Account Holder” means a teacher or tutor that has been authorised by a school or tutoring centre to administer and control a Student Profile.
“Service” means the Application and the Website, collectively and separately and where the context permits includes any related services.
“Teacher Profile” means a personal profile of a teacher or tutor at a School, being created by or for that person for and in connection with their use of the Service.
“User” or “you” means the person or organisation who uses the Application and/or the Website, whether as the holder of an Account or otherwise.
“Website” means the website at www.youredujourney.com, including parts or features of that website that can be used or accessed without requiring registration or logging into the Application.
2. Acceptance of Agreement
By using the Application or Website you are deemed to have accepted the Agreement, which shall form a binding agreement between you (as a user of the Website or Application) and Your Edu Journey Pty Ltd. Your registration is subject to this Agreement.
You should ensure that you read our primary policy.
Your Edu Journey Pty Ltd grants you a limited, non-exclusive, non-transferable licence to access and use the Service for the period of, and strictly in accordance with, this Agreement. Where you use the Service as a School, you agree that your licence to use the Service is subject to your payment of the applicable Fees.
You accept that the Service may evolve and change over time and that some parts of the Service are dependent on the provision of software or services by third parties. Your Edu Journey Pty Ltd reserves the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the Service (or any part of it) with or without notice to you. To the extent permissible at law, Your Edu Journey Pty Ltd will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the Service (or any part of it).
6. Disruption of Service
Your Edu Journey Pty Ltd will take all reasonable steps to ensure that the Service functions as intended. However, you acknowledge that your access to the Service may be disrupted as a result of a malfunction, updating, maintenance or repair of the Service, by the actions of a third party licensor or service provider, or for any other reason within or outside our control.
To the extent permissible at law, Your Edu Journey Pty Ltd shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Service or for any errors or defects in the Service arising from software or services provided by third party licensors or service providers. Your Edu Journey Pty Ltd will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Service.
You agree that use of the Service is at your own risk and that Your Edu Journey Pty Ltd does not warrant that the Service will meet your specific requirements, or that use of the Service will be uninterrupted, timely, secure, or error-free.
7. Conditions of use
In using the Service in any capacity you must:
- ensure that any information you provide in connection with your registration and general use of the Service is and will remain true, accurate and current, and that you will promptly notify Your Edu Journey Pty Ltd of any change in such information;
- not create or maintain a Student Profile without the permission of the corresponding primary Account Holder;
- not permit a person who is not an Authorised Viewer to access the corresponding Student Profile;
- only use the Service, and any Student Content, for School management, educational or developmental purposes associated with the respective Student and not for any other purpose including any other commercial purpose;
- not post, republish, reproduce or communicate Content including Student Content or information about any Student appearing on the Service or Application, on or through any other platform, forum or medium (including without limitation social media platform, such as Facebook) unless with the consent of the originator of that material and/or the copyright owner or their respective Primary Account Holder;
- not use the Service or any Content (including any Student Content) obtained from use of the Service for any illegal, immoral, indecent or inappropriate purpose;
- not post any Content or other information or material that is illegal, defamatory, abusive, demeaning, harmful, obscene, hurtful, offensive, objectionable or racist;
- not post or upload any Content or other information or material that contains any viruses, infringes any third party’s rights of privacy or Intellectual Property Rights;
- not attempt to gain access to any Content accessible through the Service pertaining to a Student for which you do not have permission from the corresponding Primary Account Holder;
- keep your Account details and password strictly confidential and not share your Service password with any other person;
- not do any act or omission to undermine the security or integrity of Your Edu Journey Pty Ltd’s or any third party’s systems or networks; and
- ensure that any person who uses the Service on your behalf (including any employee or contractor of yours) or for whom you are responsible complies with this Agreement generally and the matters referred to in (1) to (11) above specifically.
You agree and acknowledge that (in addition to each person who has posted the Content in question or otherwise engaged in the acts or omissions), each Primary Account Holder will also be deemed primarily responsible for and liable for any Content that is posted that may contravene clause 7 and any other acts or omissions that occurs in connection with the corresponding Account and Student Profiles and each User releases Your Edu Journey Pty Ltd from any liability associated therewith.
Further, each School will be responsible for and liable for the acts and omissions of its personnel in the event that any of their respective personnel post any Content in contravention of clause 7 and each User releases Your Edu Journey Pty Ltd from any liability associated therewith.
Your Edu Journey Pty Ltd reserves the right to remove from any Account, Student Profile or Teacher or Tutor Portfolio any Content which it deems to be unsuitable.
8. Age Limit
Users must be at least 18 years old.
You shall be liable for all action taken by any person that has obtained access to your Account (whether they have authorised such access or otherwise) and agree to notify Your Edu Journey Pty Ltd immediately of any unauthorised use of your Account or other breach of privacy or security
You agree to pay any fees associated with your use of the Application, which include Fees charged in respect of School Accounts and any additional goods or services that are made available by Your Edu Journey Pty Ltd to Users. Fees must be paid in the currency of the country where the School Account relates is domiciled.
If you are carrying out a free trial of the Application (as offered on the Website), the free trial will begin on the day that your Account is opened and it will end 30 days later. You may cancel your Account within those 30 days by following the prompts within the Service.
You agree to pay all Fees using the payment methods described on the Website or as otherwise agreed between you and Your Edu Journey Pty Ltd. If you fail to pay the agreed Fee by the due date, Your Edu Journey Pty Ltd may suspend or cancel your Account. Fees are non-refundable and may be subject to change by notice to you. All Fees are exclusive of all taxes. Your Edu Journey Pty Ltd will not be held liable for changing or refusing to refund the Fees.
11. Particular rights and obligations of a Primary Account Holder
In addition to the other rights and obligations applying to Users set out in this Agreement, the Primary Account Holder:
- has the right to control their corresponding Student Profile (including all Student Content there on) and its management except as otherwise stated in this Agreement, including the ability to add new Content relating to their Student and to permit, approve or disapprove and disallow others to become Authorised Viewers;
- can agree to delegate the above roles to, or agree to share these roles with their school (or a school with which the student has a shared enrolment in) by sending an invitation to, or accepting an invitation from the school. In that case the Primary Account Holder agrees that the Student’s school has the authority to decide who has access to the Student Profile, as well as adding, editing and removing Content relating to the Student in that profile. If the Primary Account Holder does not wish to allow the school to have those rights, then they should either not accept the invite send to them the school, or if the school has provisionally created a Student Profile for that Student, you should be asked to remove your Student from the Service (and they must act on such requests promptly).
- agrees and acknowledges that where they grant a school rights to access a student Profile, various members of that organisation’s educational staff may be able to access, view and edit that student’s profile and access may not be limited to any particular person within that organisation.
If as the Primary Account Holder you believe or suspect someone is accessing or managing your student’s content without your consent, you should immediately contact Your Edu Journey Pty Ltd.
If you have previously granted someone access to your student’s content and you wish to revoke that access, you can remove their ability to access your student’s content at any time by following the prompts within the Service.
12. Rights and obligations of a school or tutor
In addition to the other rights and obligations applying to Users set out in this Agreement, without limiting the other rights and obligations applying to Users set out above, school providers:
- are responsible for and liable in respect of obtaining consent from the actual or proposed Primary Account Holder for each student in respect of whom you provide such school Provider services before creating a Student Profile for that Student or uploading that Student’s Content to the Service. If a Primary Account Holder provides their consent, they are granting you (as the school Provider) the right to add to or remove Content from their Student’s Student Profile (including any Student Content). Such Early schools or tutors will be entitled to access that Student Profile and Student Content for as long as the Primary Account Holder permits;
- must also ensure that any Content they upload to a Student Profile does not contain information, images or videos of any identifiable student other than the Student unless they have consent to do so from persons entitled to provide that consent on behalf of that other student;
- must comply with the Conditions of Use contained in clause 7, including, without limitation in respect of Student Profiles;
- must promptly remove from any Student Profile any Content relating to a Student if asked to do so by the relevant Primary Account Holder;
- agree and acknowledge that a Primary Account Holder may remove their ability to access or manage their Student’s Content and Student Profile at any time; and
- agree and acknowledge that where a School establishes or maintains a School Account, teacher or tutor Portfolios (in whole or part) and associated content pertaining to that School Account may be made available or accessible (by Your Edu Journey Pty Ltd) to the School who established or maintains that Account.
Further, teacher and tutors at the provider schools are entitled to retain copies of parts of Student Content for the purposes of documenting their own progress as educators, provided that such Student Content does not personally identify any Student and otherwise complies with the above requirements. Each such educator can include such content in their own Teacher or Tutor Portfolio, and such Teacher or Tutor Portfolios maybe maintained and used by the respective educators during and after their engagement by any particular School for the purposes of their development as educators.
Your Edu Journey Pty Ltd will treat Personal Data as confidential and will make every reasonable effort to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:
- to Users who have been granted access to a Student Profile by the Primary Account Holder or, where applicable, an School Provider;
- to Your Edu Journey Pty Ltd’s personnel and any service provider or licensor that Your Edu Journey Pty Ltd works with where necessary to operate the Service (any such persons must agree to equivalent obligations regarding confidentiality and privacy);
- where the information has been made anonymous or is aggregated into de-personalised information about curriculum use or other learning practices that may benefit the sector
- if the relevant Primary Account Holder gives Your Edu Journey Pty Ltd permission to do so;
- if required or permitted by law.
Nevertheless, because internet transmissions cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorised use and disclosure of Personal Data), you acknowledge and agree that you use this Service at your own risk, and you should only proceed to use the Service if you accept this condition.
14. Other Information
Some Users, such as those involved in piloting certain features, may have access to sensitive information, content or User feedback. Those Users agree not to disclose this information to third parties without Your Edu Journey Pty Ltd’s prior written consent.
From time to time Your Edu Journey Pty Ltd may permit a User to make screenshots or screencasts of the Service for marketing or educational purposes with Your Edu Journey Pty Ltd’s prior consent. Without limiting any other provision, these screenshots or screencasts must not include any Student Content or any User Data unless the User gives their prior written consent or, in the case of a Student, the explicit permission of that Student’s Primary Account Holder.
15. Intellectual Property Rights
All rights in and to the content with the Your Edu Journey App belong to Your Edu Journey Pty Ltd and are protected by the Intellectual Property laws of Australia. We may license third parties to use the content at our sole discretion. This will always be deidentified in line with the Privacy Act 1988.
You may use the Your Edu Journey App for your own professional use and benefit within the setting you work in (school or education centre). All IP content is not for resale or other transfer or disposition to any other person or entity. You may not use, reproduce, modify, transfer, exploit, distribute or dispose of any content for any commercial purposes, whether direct or indirect, in any manner that might compete with our business (including, without limitation, by making content available to anyone other than a subscriber where such content is accessible through subscription only).
Any request for permission to republish, reprint or use any content from Your Edu Journey App for professional use should be sent to [email protected] For the avoidance of doubt Your Edu Journey Pty Ltd does not own Intellectual Property Rights in any individual Student Content.
By using the Service, you confirm that any Content you post to the Service will not infringe any other person’s privacy, Intellectual Property Rights or any law. Your Edu Journey Pty Ltd will not access or remove your Content unless you provide permission, Your Edu Journey Pty Ltd suspects you have breached this Agreement or otherwise in accordance with this Agreement.
You agree to indemnify, and keep indemnified, Your Edu Journey Pty Ltd, its affiliated companies and its respective directors, officers, employees, agents, representatives, contractors, licensees and successors against any and all liabilities, costs (including legal fees), claims, demands or damages incurred or suffered from the use of the Service, including (without limitation) as a result of any:
- your access or use of the Service, or Content posted by you or on your behalf through or at the Service; or
- violation of any Creative Commons Licence or any intellectual property, privacy or other rights of a third party, by you or any person using your Account or username and password (whether with or without your permission).
17. Limitation of liability
In no event or circumstances shall Your Edu Journey Pty Ltd be liable to any person, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by any User, Your Edu Journey Pty Ltd, its employees, agents, licensors, service providers, or any other persons acting on its behalf. To the extent permissible at law the total liability of Your Edu Journey Pty Ltd for any loss arising from or in connection with this Agreement, or the use of the Service, will not in any circumstances exceed $100. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
18. Cancellation by you
As a Primary Account Holder you may request the deletion of one or more Student Profiles within your Account at any time. You may also cancel your Account and terminate this Agreement at any time by following the prompts within the Service. Termination does not entitle you to any refund of any payments made by you to Your Edu Journey Pty Ltd unless required by law. It is your responsibility to remove all Content posted to your Account before deletion or cancellation. This information may not be recovered by you once an Account is cancelled.
19. Termination by Your Edu Journey Pty Ltd
20. Back up of Content
You agree that a back-up of Content from an Account and/or Student Profile may be maintained by a school who is a User (in a static form, not accessible online) notwithstanding such cancellation or termination.
21. Use of subcontractors etc.
You agree that Your Edu Journey Pty Ltd may use third party vendors, licensors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service and store and manage the Content.
This Agreement shall be governed by and construed in accordance with the laws of Australia for any matter arising under or relating to this Agreement.
Your Edu Journey Pty Ltd may transfer, assign or sub-license its obligations under this Agreement and its rights and obligations without your consent.
Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.
25. Amendments to this Agreement
This Agreement may be amended or replaced from time to time, with or without prior notice to Users, by posting an updated Agreement on the Website. Any updated Agreement becomes effective as soon as it is posted. If any updated Agreement constitutes a material change to this Agreement, Your Edu Journey Pty Ltd will endeavour to post an announcement on the Website. Your continued use of the Service and/or Website following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement you must cease use of the Service and cancel your Account