By selecting “I will comply with the EduPass Terms of Service” you agree to be bound by the following terms (Terms of Service) which apply to your use of (i)the identity management solution; and (ii) any other system or service which you are authorised to access using EduPass (Authorised Service). You should read and understand the Terms of Service before agreeing to be bound by them.
1. Acceptance of Terms
1.1 9. These Terms of Service constitute a legal agreement between you and the State of Victoria represented by and acting through the Department of Education and Training (Department) and govern your access to and use of eduPass and each Authorised System.
2. Terms of Service documents and priority
These Terms of Service consist of the following (in order of priority):
2.1 these Terms of Service;
2.2 any requirements specified on this website, the eduPass website or the website of any Authorised System;
2.3 applicable Victorian government policies which may apply to eduPass or Authorised Systems, including but not limited to the Department's Acceptable Use Policy (Victorian government policies) as amended from time to time; and
2.4 if you are a student enrolled at a Victorian Government school, applicable Victorian government school policies which may apply to Edupass or Authorised Systems, including any Acceptable Use Policies as amended from time to time.
3. Access and use of eduPass and Authorised Systems
3.2 You must comply with any additional terms that apply to any Authorised System that you use.
3.3 You must not:
- (a) access or use eduPass or any Authorised System unless you are authorised by the Department to do so;
- (b) use eduPass or any Authorised System to search for, access, store or send any material which is pornographic, abusive, obscene, offensive, threatening or harassing;
- (c) use eduPass or any Authorised System in any manner that could damage, disable, overburden or impair eduPass or any Authorised System or interfere with any other person's use and enjoyment of eduPass or any Authorised System, or disobey any requirements, procedures, policies, or regulations of networks connected to eduPass or any Authorised System
- (d) make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer, system or property of another;
- (e) attempt to gain unauthorised access to any of eduPass or any Authorised System, other accounts, applications, computer systems or networks connected to eduPass or any Authorised System through hacking, password mining or any other means;
- (f) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others, including as set out by the Privacy Act 1988 (Cth);
- (g) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any person.
3.4 You must comply with all applicable state, Commonwealth and international laws conventions or regulations when accessing or using eduPass or any Authorised System.
4. Registration, UserID/username and password
4.1 You warrant that all registration details (registration details) you provide to register your access to and use of eduPass or any Authorised System are accurate, complete and current when provided to the Department. You will update the Department of any change that occurs to your registration details to ensure your registration details remain accurate, complete and current at all times.
4.2 You must maintain the confidentiality of your unique username (UserID/username) and related password (password) for eduPass, and not provide them to any other person.
4.3 You must not allow another person to access or use eduPass or any Authorised System except where expressly permitted by these Terms of Service.
4.4 You must immediately notify the Department if:
- (a) your registration details change; or
- (b) you become aware that your UserID/username or password is known or being used by another person.
4.5 Where your UserID/username is used in conjunction with your password, the Department will identify you as the user of eduPass.
4.6 You are responsible for all use of eduPass or any Authorised System that occurs when your UserID/username is used in conjunction with your password.
4.7 You must not:
(a) use another person’s UserID/username to access or use eduPass; or
(b) impersonate any person or entity for the purpose of misleading others when accessing or using eduPass or any Authorised System.
5. Access facilities
5.1 You are responsible for providing any facilities (including but not limited to hardware, software and systems) necessary to access and use eduPass or any Authorised System, except where such facilities are provided by the Department.
5.2 The Department is not responsible for any deficiency in the facilities used to access eduPass or any Authorised System.
6. Privacy and monitoring
6.2 You acknowledge and agree that the Department may:
- (a) collect and handle your personal information and registration details in accordance with these Terms of Service and the Department’s
Online Privacy Statement; and
- (b) monitor your use of eduPass or any Authorised System as required to ensure you comply with these Terms of Service and, where relevant additional terms.
6.3 The Department collects personal information and registration details for the primary purpose of obtaining additional information on external users to improve security and privacy for all Department applications and systems.
6.4 If the personal information requested is not provided, your registration to use eduPass may be denied.
6.5 You may seek to gain access to, update or correct any personal information held by the Department by contacting the Department’s FOI Unit on (03) 9637 2670.
7. Intellectual property rights
7.1 The Department owns or is the licensee of all intellectual property rights, including copyright, trade marks and any other information, design, text, graphics, materials, images, 'look and feel' and all software and source codes (intellectual property rights) connected with eduPass and Authorised System.
7.2 The Department grants you an exclusive, revocable, non-transferable licence to use the intellectual property rights required to access and use eduPass and Authorised System.
7.3 The Department does not claim ownership of any suggestion, idea, enhancement requests, feedback or recommendation (materials) that you provide to the Department in connection with eduPass and Authorised Systems. You grant the Department (including its officers, consultants, employees, agents and contractors) a worldwide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish all materials that you provide to the Department in connection with eduPass or any Authorised System.
8. Exclusion of liability and indemnity
8.1 You acknowledge that eduPass and any Authorised System is made available to you on an ‘as is’ basis without any representation or endorsement made by the Department and you access and use eduPass and any Authorised System at your own risk.
8.2 Without limiting clause 8.1, the Department does not represent or warrant that:
- (a) your access to or use of eduPass or any Authorised System will be secure, uninterrupted, error-free or timely;
- (b) errors or defects in the operation of eduPass or any Authorised System will be able to be corrected; or
- (c) eduPass or any Authorised System will be free of computer viruses, trojans, worms or other malicious programs or code.
8.3 To the fullest extent permitted by law, the Department expressly disclaims any conditions and warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy that would otherwise apply to your access to, or use of, eduPass or any Authorised System.
8.4 The Department (including its officers, consultants, employees, agents or contractors) is not liable for any loss or damage (including but not limited to any direct, indirect, special, incidental, punitive, exemplary or consequential loss or damage of any kind, whether based on contract, tort - including negligence - or otherwise) which arises out of connection with your access to, or use of, eduPass or any Authorised System.
8.5 You agree to continually indemnify, defend and hold the Department, and its officers, consultants, employees, agents, and contractors harmless from and against any breach by you of these Terms of Service and any claim or demand brought against the Department by any third party arising out of your use of eduPass and any Authorised System, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Department in consequence of your breach of these Terms of Service, or from your violation of any applicable law.
9. Termination and suspension
9.1 The Department may suspend your access to eduPass and any Authorised System at any time.
9.2 The Department may immediately terminate your access to eduPass or any Authorised System if:
- (a) you breach any of these Terms of Service (including any Victorian government policies);
- (b) the Department determines, in its sole discretion, that you are no longer authorised to use eduPass or Authorised System respectively in accordance with any applicable policies of the Department or a Victorian government school as amended from time to time
- (d) the Department determines, in its sole discretion, to cease providing you with access to eduPass or Authorised System.
9.3 You may terminate your access to eduPass or any Authorised System by providing 30 days written notice to the Department.
10.1 You may not assign or transfer any of your rights or obligations under these Terms of Service.
10.2 Any failure by the Department to exercise or enforce any legal right or remedy which is contained in these Terms of Service will not be construed as a waiver by the Department.
Changes to Terms of Service
10.3 The Department may make changes to these Terms of Service from time to time by making a new version of these Terms of Service available on this website.
10.4 If you use eduPass or any Authorised System after the Department has made any change to these Terms of Service in accordance with clause 10.3, then you will be deemed to have agreed to such change.
10.5 The covenants, conditions and provisions of these Terms of Service, which are capable of having effect after the termination of these Terms of Service, will remain in full force and effect following such termination.
10.6 If any provision of these Terms of Service is invalid, unenforceable or illegal for any reason then the provision will be deemed to be removed from these Terms of Service and the remaining provisions will remain valid and enforceable.
Governing law and jurisdiction
10.7 These Terms of Service will be governed by and construed in accordance with the laws of the State of Victoria, and you submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
10.8 These Terms of Service constitute the entire agreement between you and the Department in connection with their subject matter and supersede all prior representations, agreements, statements and understandings, whether verbal or in writing.