LTU Mobile App Terms and Conditions

Terms of Use

Use of this La Trobe University (“LTU”) mobile application (the “Application”) constitutes acceptance of these terms of use, as revised by LTU from time to time (“Terms”) and a binding agreement between the user (“User”) and LTU governing the use of the Application. By downloading or installing this Application, the User acknowledges and agrees to be bound by these Terms. If the User does not agree to these Terms, the User should uninstall this Application immediately.

(1) User License

Subject to these Terms, LTU grants the User a personal, non‐exclusive, non‐transferable, limited and revocable license to use the Application for personal and/or non‐commercial use only on an Apple iPhone, iPad or Android phones or tablets (each a “Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple and Android Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Application Content”) other than in accordance with these Terms is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

(2) User Information and privacy

LTU handles personal information in accordance with its Privacy Policy and Procedure. Each User consents to LTU using any personal information supplied or connected with the Application for the purposes of the Application and for LTU’s research, educational, marketing and promotional purposes, including but not limited to the promotion of the Application.

(3) Use of the Application (User Content)

The Application allows the User to create, post, link comments on what facebook/twitter/instagram (“User Content”) via the Application.

The User grants to LTU a perpetual, royalty‐free licence to use, reproduce, publish and communicate any User Content, including a right to sublicense it to other parties (including posting on LTU’s social media accounts, including Facebook, Twitter and Instagram), in any format for the purpose of sharing it with other users of the Application and for LTU’s marketing and promotional purposes.

(4) Acceptable Use

The User agrees that his or her use of the Application, any Application Content and User Content must comply with these Terms. In no event may the Application, Application Content or User Content be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful (c) uses technology or other means to access the Application, LTU Website , Application Content or User Content that is not authorised by LTU; (d) attempts to introduce viruses or any other malicious or harmful computer code; (e) attempts to gain unauthorised access to LTU computer network or user accounts; (f) violates these Terms; (g) fails to comply with applicable third party terms (collectively “Acceptable Use”). LTU reserves the right, in its sole discretion, to terminate any User License, remove Application Content or User Content or assert legal action with respect to Application Content or use of the Application and User Content that LTU reasonably believes is or might be in violation of these terms of Acceptable Use.

(5) Disclaimer and Liability

LTU is providing the Application to the User "as is" and the User is using the Application at his or her own risk. To the fullest extent allowable under applicable law, in no event shall LTU (a) be liable to the User with respect to use of the Application; and (b) be liable to the User for any injury, expenses, or loss whatsoever (whether direct or indirect) to persons or property as a result of using the Application, including but not limited to theft or corruption of personal information and User Content, the inability to use the Application or Device failure or malfunction. The User’s sole remedy is to cease use of the Application.

To the extent permitted by law, all warranties in respect of the Application, whether express, implied, statutory or otherwise, are excluded. To the extent such warranties cannot be excluded by law but liability can lawfully be limited, liability is limited at LTU’s option to replacing the Application or the cost of replacing the Application or acquiring an equivalent item.

(6) Marks, Application and Content

LTU, the LTU logo, and other LTU trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of LTU (collectively “LTU Marks”). Other trademarks,
service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The LTU Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of LTU or the applicable trademark holder.

(7) Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of Victoria, Australia in relation to any matter arising from the use of the Application
or these Terms.

(8) Changes

LTU reserves the right to change or modify these Terms or any other LTU policies related to use of the Application at any time and at its sole discretion by posting revisions on the LTU Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

(9) Contact LTU

Any questions, complaints or claims regarding the Application should be directed to: privacy@latrobe.edu.au and/ or dme@latrobe.edu.au. The User can stop all collection of User Information by this Application by uninstalling the Application by the standard uninstall process on the User’s Device. In the alternative, the User can also request to opt‐out via: privacy@latrobe.edu.au and/or dme@latrobe.edu.au.