Terms & Conditions

IMPORTANT NOTE: ONLY A PARENT, LEGAL GUARDIAN OR AUTHORISED TEACHER OF THE CHILD PARTICIPATING IN THE DIGITAL LICENCE PROGRAM MAY AGREE TO THESE TERMS

By activating the Digital Licence program, you are entering into a legally binding agreement with The Alannah and Madeline Foundation Trust (ABN 96 514 115 810) (AMF, weus and our). In consideration of us granting you a licence to access the Digital Licence program for each child for whom you register and activate an account (each, a participating child), you agree to be bound by and abide by the terms and conditions set out in these Terms of Use (Terms) and the AMF Privacy Policy. The Digital Licence program is available through our website www.digitallicence.co.nz (website).

  1. Overview of Digital Licence program
    1. The purpose of the Digital Licence program is to assist parents, carers and teachers to discuss smart, safe and responsible online behaviour with children by providing an interactive online program for children, covering key cyberspace safety topics.
    2. Participating children will be issued with a 'Digital Licence' on the successful completion of all applicable safety modules. To avoid any doubt, a 'Digital Licence' constitutes a certificate for the successful completion of the applicable safety modules and does not constitute or give effect to a permission or the grant or conferral of any rights.
    3. In order for a child to access the Digital Licence program (and to obtain a 'Digital Licence' certifying the child's successful completion of the applicable safety modules), a parent, legal guardian or authorised teacher of the child must register and activate the Digital Licence program for the child.
    4. For the purposes of these Terms, the “Digital Licence program” means the online program available through the website, including but not limited to, all modules, information, tools, quizzes, videos, resources, services and all other content on the website that is accessible through the registered user account.  
  2. Registration and activation of user account
    1. When activating the Digital Licence program for a child, you must provide accurate, complete and up-to-date information as requested on the registration page for the Digital Licence program (including in relation to that child).
    2. In order to activate the Digital Licence program you must pay the applicable licence fee (if any) for each participating child that you wish to register and activate a user account. 
    3. The applicable licence fees are published on our website and we reserve the right to amend the licence fees at any time. The licence fees are stated in Australian Dollars (AUD) and are inclusive of GST and any other taxes. 
    4. In activating the Digital Licence program for a child, you warrant that:
      1. you are a parent or legal guardian of the child, or a teacher who is authorised to activate the Digital Licence program for that child in accordance with in section 3; and
      2. you will at all times supervise the child's participation in the Digital Licence program:
        1. at home, if you are a parent or legal guardian; or
        2. at the child's school, if you are an authorised teacher.
  3. Use in schools
    1. If you are a teacher, before activating the Digital Licence program for a child, you are responsible for ensuring that you have all necessary consents and authorisations required by law or otherwise (including privacy law) from a parent or legal guardian of that child:
      1. to permit you to activate the Digital Licence program for the child and to permit us to collect and disclose personal information in relation to the child in accordance with section 12; and
  4. Grant of Licence
    1. Subject to these Terms, AMF grants you a non-exclusive and non-transferrable licence to use and access the Digital Licence program for each participating child for the purpose set out in clause 1 of these Terms.
    2. The licence granted in clause 4.1-
      • Will commence on the date the user account is activated for each participating student and will continue in force until the end of the calendar year in which it is purchased.
  5. Intellectual property rights
    1. Unless otherwise indicated in these Terms, we (and/or our third party licensors) own the trade marks, copyright and other intellectual property rights in the text, graphics, information, quizzes, videos, resources, designs, data and other content comprised in the Digital Licence program (collectively, the Intellectual Property Rights).
    2. Except as expressly set out in these Terms, you acknowledge and agree that nothing contained in these Terms give you any right, title or interest in or to the Intellectual Property Rights subsisting in the Digital Licence program.
    3. While you may browse or print the content for non-commercial or personal use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the Digital Licence program, including any content appearing on the website, for any other purpose.
    4. All trade marks appearing on the website belong to their respective owners. You may not use our trade marks in New Zealand or internationally without our prior written consent, except to legitimately identify our products or services.
  6. Restrictions on use
    1. You agree to access and use (and to permit each participating child to access and use) the Digital Licence program in accordance with these Terms and any applicable laws. Without limiting the previous sentence, you must not (and you must ensure that each participating child does not):
      1. use the Digital Licence program for any purpose other than as permitted by these Terms;
      2. remove or tamper with any copyright notices on the website;
      3. disassemble, decompile, reverse engineer, attempt to derive the source code of, modify, re-post to other websites, distribute or create derivative works or functionally equivalent software of the Digital Licence program);
      4. copy or download, in a systematic manner, any text, graphics, information, designs, data or other content comprised in the Digital Licence program, or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content; or
      5. incorporate the Digital Licence program in any product to be made available commercially (unless we expressly agree otherwise with you).
    2. You must not, directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code into the website that runs the Digital Licence program, or in any other manner whatsoever corrupt, degrade or disrupt the Digital Licence program.
  7. Use of Data
    1. You acknowledge and agree that any data collected by us in relation to Digital Licence program (excluding any personal information which is governed by the AMF Privacy Policy), may be used by us to support the ongoing development of the Digital Licence program, to provide any support services that are required to assist your use and access to the Digital Licence program, for benchmarking and reporting purposes, and may be sold or transferred to third party organisations.
  8. General disclaimers
    1. The Digital Licence program, including all content and/or services provided or made available through the website, are made available to you on an 'as is' and 'as available' basis.
    2. You acknowledge and agree that to the fullest extent possible under the law, and subject to section 10, we make no representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency or security of the Digital Licence program or the website. We will not be liable if the Digital Licence program (including any content provided on or made available through the website) is incomplete, corrupted, inaccurate, outdated or incorrect, or if the Digital Licence program (including any services provided or made available through the website) are unavailable for any reason, including directly or indirectly as a result of:
      1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
      2. negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);
      3. maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of the Digital Licence program;
      4. any events beyond our control; or
      5. services provided by third parties ceasing or becoming unavailable.
    3. You also acknowledge and agree that to the extent possible under the law, and subject to section 10, we do not represent, warrant or guarantee that the website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
  9. Specific disclaimers
    1. You acknowledge and agree that the Digital Licence program is intended to assist parents, carers and authorised teachers to discuss smart, safe and responsible online behaviour with participating children, and that it is not intended to provide comprehensive information or instruction in relation to safe internet use by children.
    2. Without limiting section 7, we do not warrant that:
      1. the Digital Licence program covers all current cyberspace safety topics relevant to children; or
      2. a participating child's participation in the Digital Licence program will protect that participating child from, or minimise that participating child's risk of harm arising in relation to, unsafe internet use.
  10. Release and indemnity
    1. You release and agree to hold us harmless from any loss, actions, proceedings, cost and expenses (including legal fees), claims and damages suffered or incurred by you or a participating child arising as a result of or in connection with:
      1. your or a participating child's participation in, and/or reliance on, the Digital Licence program;
      2. your or a participating child's use of the website or any third party sites accessed via the website; and
      3. a participating child's use of the internet.
    2. You indemnify us against all loss, actions, proceedings, cost and expenses (including legal fees), claims and damages suffered or incurred by us arising directly or indirectly out of or in connection with:
      1. a breach by you of these Terms;
      2. loss of or damage to any property or injury to or death of any person caused by any act or omission by you or a participating child; or
      3. any claim by a third party against us relating to:
        1. your or a participating child's participation in, and/or reliance on, the Digital Licence program; or
        2. a participating child's use of the internet.
  11. Consumer guarantees
    1. To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. However, if a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 (Consumer Law), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under Consumer Law, provided that, to the extent that the Consumer Law permits us to limit our liability, then our liability is limited to (at our option):
    1. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
    2. in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
  1. Exclusion of liability

Subject to section 10 and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort or otherwise, suffered or incurred by any person:

    1. in connection with or in any way relating to the Digital Licence program, including any content and/or services provided or made available through the website, including in connection with:
      1. any inaccuracy or incompleteness of the Digital Licence program or the content; and
      2. any disruption to or unavailability or failure of the Digital Licence program or the website or interference with or damage to computer systems or other electronic devices;
    2. arising from any circumstance beyond our control; and
    3. otherwise under or in connection with these Terms.
  1. Privacy collection statement
    1. We will collect, handle, use and disclose personal information relating to you and any participating child in accordance with the Information Privacy Principles set out in the Privacy Act 1993 and the AMF Privacy Policy available at www.digitallicence.co.nz/privacy-policy.
    2. The types of personal information we collect may include your name, address, phone number and email address, and the name and age of any participating child.
    3. We collect personal information for the purpose of:
  • . providing you with access to the Digital Licence program (and issuing a participating child with a 'Digital Licence' on the successful completion of the applicable safety modules);
  1. assessing inquiries for the provision of our services;
  2. direct marketing (unless you have told us that you do not want to receive emails or other correspondence from us that promote our products and services);
  3. the general management and conduct of our business; and
  4. complying with our legal obligations.
    1. If you do not provide the information requested, you may not be able to activate the Digital Licence program.
    2. The organisations to whom we typically disclose this information include organisations contracted to provide services to us (such as organisations who may operate and manage the website from time to time on our behalf).
  1. Termination
    1. Without prejudice to any other rights or remedies that we may have against you under this agreement or at law, if you:
      1. breach any provision of these Terms, or
      2. challenge our ownership of the Digital Licence program or our entitlement to license and control use of the Digital Licence program;

we may, by giving you written notice, disable, restrict or block your access to the Digital Licence program, without any liability to you. If we block your access, the licence granted to you under these Terms will immediately terminate.

    1. On termination of the licence granted under clause 4.1, your and any participating child’s right to use the Digital Licence program will cease immediately.
  1. Comments and complaints

If you are having difficulties accessing the Digital Licence program or would like to lodge a query or complaint, please contact us at info@digitallicence.co.nz. We take your feedback seriously and will promptly investigate and respond to all genuine complaints.

  1. General
    1. We may change these Terms from time to time. If we reasonably consider that the change is likely to:
      1. benefit you or have a neutral or minor detrimental impact on you, we may change these Terms by making such changes immediately without notifying you except by publishing these Terms as amended on our website; or
      2. have a significant detrimental impact on you, we will make such changes to these Terms no sooner than 10 days after we have notified you of those changes on the home page of the website.

If you do not accept a change made by us to these Terms, you must immediately cease using the Digital Licence program.

    1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
    2. If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.
    3. These Terms will be governed by and construed in accordance with the laws of New Zealand, and you unconditionally submit to the jurisdiction of the courts of New Zealand.
    4. These Terms together with the AMF Privacy Policy are the entire agreement between us on their subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing or in some other format).