Digital iD™ Terms of Use
Digital iD™ App End User Licence Agreement
What's changed?
Effective: 7 October 2021
We have updated the EULA to make minor corrections.
1. Acknowledgement and acceptance of EULA
1.1 You are permitted to access and use the App subject to this End User Licence Agreement (EULA). By downloading, installing or using the App, You agree to be bound by this EULA. If You do not agree with or otherwise do not wish to accept this EULA (including any amendments to the EULA notified pursuant to clause 1.3):
(a) do not download, install or use the App; or
(b) if You have already downloaded the App, immediately uninstall and stop using it.
1.2 If You are a minor, You must ask for Your parent or guardian's permission before using or accessing the App.
1.3 We reserve the right to amend this EULA at any time. We will notify You when You access the App for the first time following the change. Your continued use of the App following the notification of changes will mean You accept and agree to the changes.
1.4 The EULA governs Your use of the App. Use of the Digital iD™ Service is subject to separate terms and conditions directly with Australia Post.
2. Prerequisites for using the Digital iD™ Service through the App
2.1 In order to use the Digital iD™ Service through the App You must:
(a) have an Australian mobile telephone number;
(b) have an email address that can be validated;
(c) have a compatible Device;
(d) download and install the App on Your compatible Device from the relevant marketplace for Your Device's platform;
(e) agree to the Digital iD™ Terms of Use directly with Australia Post; and
(f) register a Profile using the App.
2.2 You will also need an internet data connection on Your Device to use the App. A limited level of functionality may be available if Your Device is temporarily unable to access a data network (for example, if Your Device is out of network range). You may need to move to an area with a stronger data connection or connect to a Wi-Fi service in order to use the App.
3. Licence
3.1 Subject to this EULA, we grant You a non-exclusive, non-transferable licence to use the App on the Device during the term of this EULA for the sole purpose of using the Digital iD™ Service
4. Restrictions
4.1 You must not rent, lease, lend, sell, transfer, redistribute or sublicense the App, or make the App available over a network where it could be used by others. If You sell or otherwise dispose of, transfer or assign any Devices containing the App, any copies of the App must be removed before doing so.
4.2 You must not:
(a) use the App to use or create a false identity, impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(b) disrupt the operation of the App or the Digital iD™ Service or any associated infrastructure, servers or networks;
(c) breach or fail to comply with any requirements, procedures, policies or regulations of networks connected to the App or the Digital iD™ Service, including using any device or software;
(d) gain unauthorised access to the Digital iD™ Service;
(e) make any automated use of the Digital iD™ Service;
(f) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part thereof, other than as expressly provided in this EULA or otherwise permitted by law;
(g) use the Digital iD™ Service in connection with the contravention of any local, state, national or international law, whether intentional or not; or
(h) attempt to do any of the foregoing, or allow or cause a third party to do or attempt to do any of the foregoing.
5. Keypass in Digital iD™
5.1 You may be invited to enable Keypass in Digital iD™. This feature allows You to use the App to verify Your identity in person for selected interactions, such as obtaining entry to participating licensed venues (subject to regulatory approval in each state/territory).
5.2 Keypass in Digital iD™ generates a unique QR code valid for a limited period, which can be scanned by other Devices using the App or other equipment approved by Australia Post. The operator scanning the QR code will be able to access limited information from Your Profile, as indicated within the App.
5.3 If You use the App to scan the QR code from another person's Profile, You agree that:
(a) the information obtained from the other person's Profile (Retrieved Data) may be limited, for example, to only show the person's Profile Image and an indication that they are over 18 years of age;
(b) You may only have access to the Retrieved Data for a limited time;
(c) You may only use the Retrieved Data for the purpose the other person made it available to You;
(d) You must not capture, screenshot, store or disclose any of the Retrieved Data;
(e) You must not rely on the Retrieved Data; and
(f) neither we nor Australia Post represent or warrant that the person presenting the QR code is who they claim to be.
6. Updates
6.1 You acknowledge and agree that:
(a) we are under no obligation to provide any Updates;
(b) we may offer optional paid Updates;
(c) we may use Updates to add, remove, modify or otherwise alter features of the App at our sole discretion, and that such changes will not be a breach of this EULA;
(d) we may require You to install Updates in order to continue using the App;
(e) You may be required to re-verify identification documents following an Update to ensure the security and integrity of the Digital iD™ Service;
(f) You may be required to acknowledge Your agreement to any revised EULA as a condition of using any Update;
(g) after an Update has been made available, previous versions of the App may no longer work; and
(h) we may provide Updates in such a manner that the App is unable to be reverted to its previous state.
6.2 This EULA will govern any Updates, unless such an Update is accompanied by a separate licence supplied by us in which case the terms of that licence will govern to the extent provided for in that licence.
6.3 You acknowledge and agree that we may suspend or terminate Your access to the App if You do not install any mandatory Updates that we require.
7. Third-party software and services
7.1 You may be required to use or update third-party software (such as the operating system and applicable software marketplace) on Your Device in order to obtain, install, update, access, use, or continue to access or use the App. You acknowledge and agree that:
(a) we are not responsible for such third-party software or updates;
(b) such third-party software (including updates) may be subject to their own terms and conditions, which we strongly recommend You review prior to using the third-party software or to implementing the third-party update; and
if You are unable or unwilling to obtain or install such third-party software or updates, You may be unable to obtain, install, update, access, use, or continue to access or use the App.
7.2 Access to the App, or parts thereof, may require Your Device to be connected to the internet or require other third-party services. Your use of third-party services may be subject to fees and separate terms and conditions. You acknowledge that we are not liable for the activities of any such third parties. You are responsible for ensuring that Your installation and use of the App does not cause You to exceed any data usage quotas or other limitations that may apply to Your internet service or other services acquired from third parties.
7.3 The App may contain links to third-party websites or other third-party content or services. Those links are provided for convenience only and may not remain current or be maintained. Such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them. Your use of any third-party content or services may be subject to separate terms and conditions.
8. Acknowledgements and liability
8.1 You warrant and represent that:
(a) You are not located in a country that is subject to an embargo by the governments of the United States of America or the Commonwealth of Australia; and
(b) You are not included on any list of prohibited or restricted parties by the governments of the United States of America or the Commonwealth of Australia.
8.2 You acknowledge and agree that:
(a) the App is provided on an 'as is' and 'as available' basis;
(b) unless otherwise specified in this EULA or agreed pursuant to a separate written agreement between You and us, we will not be obliged to provide support for the App, whether by providing advice, training, error-correction, modifications, updates (including Updates), new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to Your use of the App;
(c) the App cannot be guaranteed to be error-free, and the existence of any such errors will not constitute a breach of this EULA; and
(d) You use the App at Your own risk.
8.3 Except as expressly provided to the contrary in this EULA including clause 7.4, and to the full extent permitted by applicable law, we will not be liable to You for any loss, including special, indirect or consequential damages, or claim, arising directly or indirectly from:
(a) the supply of a defective App;
(b) a failure to provide the App or any part thereof;
(c) errors or interruptions occurring in the course of using, or as part of, the App;
(d) corruptions to or loss of data in connection with the App;
(e) any suspension or discontinuance of the App or any part thereof;
(f) any use of the App by other users, including any use in a manner which contravenes this EULA; or
(g) a breach of this EULA.
8.4 You may have rights under the Australian Consumer Law, including the Consumer Guarantees, which cannot lawfully be excluded and nothing in this EULA has the effect of excluding, restricting or modifying such rights and Consumer Guarantees.
8.5 Where the law implies a warranty into this EULA which may not lawfully be excluded (in particular warranties under Australian Consumer Law) our liability for breach of such a warranty will be limited to, if applicable and at the Licensor's option:
(a) in the case of goods, including the App (to the extent the App is considered a good under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to You; or
(b) in the case of services – either supplying the services again or payment of the cost of having the services supplied again.
8.6 You acknowledge that You have exercised Your independent judgment in acquiring and using the App and have not relied on any representation that we have made which has not been stated expressly in this EULA or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material that we have produced.
8.7 You will indemnify us and hold us harmless fully against all liabilities, costs, losses, claims and expenses which we may incur to a third party as a result of Your breach of any of the provisions of this EULA.
9. Additional terms for using the App from the iOS App Store
9.1 If You obtained the App from the iOS App Store, You and the Licensor acknowledge and agree that:
(a) this document is concluded between You and the Licensor only, and not with Apple, and the Licensor, not Apple, is solely responsible for the App and the content thereof;
(b) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, either under this document or applicable law;
(c) the Licensor, not Apple, is responsible for addressing any claims You or any third party have relating to the App or Your possession and/or use of the App, including but not limited to:
(i) product liability claims;
(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or
(iii) claims arising under consumer protection or similar legislation;
(d) in the event of any third party claim that the App or Your possession and/or use of the App infringes that third party's Intellectual Property rights, the Licensor, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim;
(e) Your use of the App is subject to the Usage Rules set forth in the iOS App Store Terms of Service;
(f) Apple, and Apple's subsidiaries, are third party beneficiaries of this document; and
(g) upon Your acceptance of this document, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against You as a third party beneficiary thereof.
9.2 If You purchased the App from the iOS App Store, in the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price to You. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by the Licensor in accordance with this document.
10. Security
10.1 No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect Your information, we do not warrant and cannot ensure the security of any information transmitted using the App. Nevertheless, once we receive transmissions from You, we will take reasonable steps to preserve the security of such information.
10.2 You must ensure Your Device and security credentials remain secure. You must not share Your Device or security credentials (such as an access code) with any other person, or allow any other person to impersonate You. We also recommend You have security protection on all of Your Device (such as a passcode or fingerprint to unlock the Device) to prevent others attempting to access the App.
10.3 The Device You register in connection with the Digital iD™ Service is an essential part of the security protecting Your Profile and guarding against identity theft. In addition to Your other obligations under this EULA and the Digital iD™ Terms of Use, You must:
(a) ensure the Device is always is Your possession;
(b) keep the Device locked whenever You are not using it and maintain strong security settings to prevent unauthorised unlocking or use;
(c) for any password or passcode that can be used to unlock the Device:
(i) ensure it is strong and cannot be easily guessed (for example, do not use Your birthdate); and
(ii) do not tell it to anyone else or record it in a way that someone else could figure it out (for example, do not write it on a card kept near the Device);
(d) not leave the Device unattended in any public place, in any vehicle, or in any situation in which it may be used or manipulated by another person;
(e) not override any security measures on the Device (eg 'jailbreaking') or attempt to do so;
(f) only install applications on the Device from the official marketplace for the Device's operating system (eg iOS App Store, Google Play, etc.); and
(g) notify us immediately if the Device becomes lost or stolen, or if You sell, transfer or give it to any other person.
10.4 You must take Your own precautions to ensure that the process You employ for accessing the App does not expose You to the risk of viruses, malicious code or other forms of interference which may damage Your Device. We do not accept responsibility for any interference or damage to Devices which arises in connection with use of the App.
11. Term, termination and suspension
Term
11.1 This EULA is in force until terminated in accordance with this clause 10. The licences granted under this EULA are granted for the duration of the EULA.
Termination by us
11.2 We may immediately terminate this EULA and Your use of the App if:
(a) You have breached or threaten to breach any term in this EULA or the Digital iD™ Terms of Use, or we have reasonable grounds to suspect that You have done so or intend to do so; or
(b) the Digital iD™ Terms of Use are terminated for any reason.
If we notify You of such termination, You must immediately delete the App from all Devices in Your possession or control and You must not access the App again.
11.3 We may suspend or terminate access to the App, at our discretion, if we deem it necessary or prudent to do so:
(a) in order to preserve the integrity and security of the App or Digital iD™ Service, the data collected from it, or any equipment or systems;
(b) for legal reasons, including any change in the law;
(c) due to circumstances beyond our (or Australia Post's or any of our sub-contractors') reasonable control, including disruption to network connections or equipment, loss of third-party services, denial of service attacks, strikes, lock-outs, labour disputes, acts of God, acts of nature, acts of government or their agencies, fire, flood, storm, riots, power shortages or power failure, war, terrorist acts, sabotage, or inability to obtain sufficient labour, raw materials, fuel or utilities; or
(d) in order to perform support or maintenance of the App or any infrastructure, systems or software used by us in connection with providing the App.
Termination by You
11.4 You may terminate this EULA at any time by uninstalling the App from all Devices linked to Your Profile.
No limitation of other rights
11.5 Termination pursuant to this clause 10 will not affect any rights or remedies which either or us may have otherwise under this document or at law.
11.6 Nothing in this clause limits any right we may have to modify the App by way of Update, including by removing any features, or to modify or cease offering the App or any part thereof.
12. Privacy
12.1 You agree that we and Australia Post can collect Your personal information as described in the Digital iD™ Terms of Use.
12.2 Our collection, use and disclosure of personal information is governed by the Australia Post Group Privacy Policy which outlines how to access and/or correct Your Personal Information or make a privacy-related complaint. For more information please visit our Privacy page.
13. Intellectual Property
13.1 The Licensor and its licensors retain all right, title and interest to all Intellectual Property rights subsisting in the App, any Updates, and any part thereof, and any other Intellectual Property created in connection with this EULA, or Your use of the App. You agree to do anything necessary to assign any such Intellectual Property rights to us. You may not use any such Intellectual Property, other than as necessary for Your use of the App, without our express written consent.
13.2 This EULA does not constitute a transfer or conveyance of any Intellectual Property owned by us, including but not limited to all Intellectual Property associated with the App and its functionality, features and content, or operate as a future transfer of any Intellectual Property owned by us any time thereafter.
13.3 You acknowledge that the App and materials provided through the App are protected by copyright and may also be protected as other forms of Intellectual Property owned by us or our licensors. You will not during or at any time after the termination of this EULA undertake or permit any act which infringes or attempts to infringe those Intellectual Property rights. Without limiting the generality of the foregoing, You specifically acknowledge that You must not copy the App except as otherwise expressly authorised or acknowledged by this EULA.
14. General
14.1 This EULA is governed by and are to be construed in accordance with the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with this EULA. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
14.2 If any provision of this EULA is found to be invalid, void or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the EULA which will continue in full force and effect.
14.3 All rights not expressly granted in this EULA are reserved.
14.4 We shall not be deemed to have waived any of our rights or remedies under this EULA unless such waiver is in writing and signed by one of our authorised officers. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies.
14.5 This EULA constitutes the entire agreement and understanding between You and us and supersedes any and all prior communications, representations, agreements or understandings between You and us with respect to the subject matter of this EULA. You acknowledge and agree that You have not relied on any statement by us which has not been expressly included in this document.
14.6 You cannot assign, novate or otherwise transfer any of Your rights or obligations under this document without the prior written consent of the Licensor which consent can be granted or withheld in the absolute discretion of the Licensor. An assignment in breach of this clause 13.6 is intended by the parties to be void and of no force and effect, and constitutes a breach entitling the Licensor to terminate this EULA.
14.7 The Licensor can assign, novate or otherwise transfer any of its rights or obligations under this document at its sole discretion on written notice to You (including notice via the App).
14.8 Without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination of this document, the following clauses survive the termination of this EULA: clauses 4, 7, 10.5, 12 and this clause 13.8. Each indemnity offered by You in this EULA is a continuing obligation, independent from the other obligations of the parties and survives the termination of this EULA. It is not necessary for us to incur expense or make payment before enforcing a right of indemnity against You under this EULA.
15. Definitions
Definitions
15.1 When used in this EULA, the following words have the meanings given below:
App means the software application made available by the Licensor for You to access the Digital iD™ Service.
Apple means Apple Inc. of 1 Infinite Loop, Cupertino, California, USA.
Australia Post means the Australian Postal Corporation, a body corporate established under the Postal Services Act 1975, the existence of which is continued by section 12 of the Australian Postal Corporation Act 1989, whose registered office is at 111 Bourke Street, Melbourne, Victoria 3000.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation.
Consumer Guarantee means a right or guarantee You may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.
Device means an electronic device owned or controlled by You, such as a mobile phone or tablet, compatible with the App.
Digital iD™ Service means Australia Post's Digital iD™ Service which helps You verify Your identity with certain organisations, as further described in the Digital iD™ Terms of Use.
Digital iD™ Terms of Use means a separate agreement between You and Australia Post.
Intellectual Property means any and all intellectual and industrial property rights anywhere in the world (including present and future intellectual property rights) including (but not limited to) rights in respect of or in connection with:
(a) any related confidential information, trade secrets, know-how or any right to have information kept confidential;
(b) copyright (including future copyright and rights in the nature of or analogous to copyright);
(c) patents, designs, trade marks, service marks and other related marks; and
(d) all associated goodwill,
whether or not existing at the date You agree to these terms and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any application or right to apply for registration of those rights and includes all renewals and extensions.
iOS App Store means the App Store operated by Apple in respect of its devices running the iOS operating system.
Licensor, we, us, our Australia Post Digital iD™ Pty Limited ACN 613 164 337 of Level 19, 111 Bourke Street, Melbourne, VIC 3000.
Profile means an account containing data about You and associated metadata in connection with the Digital iD™ Service.
Update means an update, modification, upgrade or enhancement that replaces or supplements the version of the App immediately prior to the Update.
You and Your means a user that downloads, installs or uses the App.
Interpretation
15.2 In the EULA, unless a contrary intention is expressed:
(a) headings and italicised, highlighted or bold type do not affect the interpretation of this EULA;
(b) the singular includes the plural and the plural includes the singular;
(c) other parts of speech and grammatical forms of a word or phrase defined in this EULA have a corresponding meaning;
(d) a reference to a 'person' includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality);
(e) a reference to any thing (including any right) includes a part of that thing, but nothing in this clause 12 implies that performance of part of an obligation constitutes performance of the obligation;
(f) a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, this EULA and a reference to this EULA includes any clause, annexure, exhibit and schedule;
(g) a reference to a document (including this EULA ) includes all amendments or supplements to, or replacements or novations of, that document;
(h) a reference to a party to any document includes that party's successors and permitted assigns;
(i) a reference to time is to time in Melbourne, Victoria, Australia;
(j) a reference to an agreement other than this EULA includes an undertaking, deed, agreement or legally enforceable arrangement or understanding whether or not in writing;
(k) a provision of this EULA will not be construed adversely to a party solely on the ground that the party (or that party's representative) was responsible for the preparation of this EULA or the preparation or proposal of that provision;
(l) a reference to a body, other than a party to this EULA (including an institute, association or authority), whether statutory or not, which ceases to exist or whose powers or functions are transferred to another body, is a reference to the body which replaces it or which substantially succeeds to its powers or functions; and
(m) the words 'include', 'including', 'for example', 'such as' or any form of those words or similar expressions in this EULA do not limit what else is included and must be construed as if they are followed by the words 'without limitation', unless there is express wording to the contrary.
