Leavers WA Mobile App Terms of Use

About the Leavers WA app

The Western Australian Police Force (also called WA Police) provides the Leavers WA mobile application (and associated websites and software) to help manage Leavers WA events.

By using the Leavers WA app, your information is made available to WA Police (and WA Police can use it for COVID-19 purposes and limited other purposes).

About these Terms of Service

What these terms are about. These Leavers WA Terms of Use apply to individuals who access and use the Leavers WA mobile application (or any associated website or software – a reference to the Leavers WA app includes all of these technologies).

These Terms outline the rules that apply to your use of the Leavers WA app. Please read them carefully as they contain information about your rights and obligations. By using or accessing the Leavers WA app, you are agreeing to these Terms.

Who these terms apply to. These Terms apply to:

  • you – the individual who uses the Leavers WA app; and
  • WA Police.

Changes to these Terms. These Terms may only be changed by WA Police. If these Terms are changed, we will let you know through the Leavers WA app or through a WA Police website.

If you continue to use the Leavers WA app, the changed terms will apply from the time they were changed. They will replace any previous Leavers WA Terms.

How Leavers WA app works

What it does. The Leavers WA app allows you to register your interest in attending Leavers WA events and provide evidence of your vaccination status.

The Leavers WA app is not a COVID-19 check-in app (and does not collect entry registration information). It is specifically for registration for Leavers WA events.

Accessing Leavers WA app. To access the Leavers WA app, you will need:

  • a compatible mobile device – the Leavers WA app is accessible only if you have a compatible smartphone. The Leavers WA app is compatible with Apple iPhone with iOS 13.0 (and higher), plus most Google Android mobile devices running Android 8.0 (and higher); and
  • a reliable network connection - you are responsible for all internet access and network charges.

The performance of the Leavers WA app may vary from device to device, and may be affected by many things, including your location and the quality of your network connection.

Giving the right information

You must be honest when using the Leavers WA app. If you are not, then:

  • this wastes WA Police resources; and
  • you may be fined or prosecuted.

Being honest includes:

  1. Registration. When you register your details, you must ensure that all the information you provide is accurate.
  2. Vaccination certificate. You will be asked to provide evidence of your vaccination status. You must ensure that all such evidence is true, complete and accurate. Do not alter or manufacture any vaccination certificates.
  3. No impersonations. You must not, using the Leavers WA app on any device: pretend to be another person, or help anyone else pretend to be you or another person.
  4. No other false information. When accessing or using the Leavers WA app, you must not provide any other inaccurate or misleading information.

Using Leavers WA app for the right reasons

Use Leavers WA app only for its intended purpose. You must use the Leavers WA app solely for the purpose of complying with WA Police requirements for attending Leavers WA events.

Don't use Leavers WA app for other things. You must not use the Leavers WA app for any other reason, or in any way other than as set out in these Terms. For example, you must:

  • no commercial use: not resell or make the Leavers WA app available to any third party, or otherwise commercially exploit the Leavers WA app;
  • no decompiling: not (nor attempt to) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms on any part of the Leavers WA app or the technology it uses;
  • no framing: not (nor attempt to) frame or mirror any part of the Leavers WA app, or delete any attributions or legal or proprietary notices on the Leavers WA app; and
  • no monitoring or copying: not monitor or copy the Leavers WA app, or use any software (like bots, scraper tools etc) to access, monitor or copy the Leavers WA app or its contents, and not use the Leavers WA app or its contents to build or inform a competitive product or service.

Using Leavers WA app in the right way

Using the app properly. You must:

  • security measures: not attempt to bypass any security measures in respect of the Leavers WA app or any technology it uses;
  • no automation: not access or use the Leavers WA app using automated means;
  • no harming the system: not use (or misuse) the Leavers WA app in any way that may impair the functionality of the underlying systems or other technology that the Leavers WA app uses, or impair the ability of any other user to access or use the Leavers WA app;
  • no harming others: not use the Leavers WA app in a way that violates anyone else's rights (including intellectual property rights) or privacy, or is objectionable or misleading; and
  • no unauthorised access: not attempt to view, access or copy any material or data that you are not allowed to access – or any material or data that you don't need in order to use the Leavers WA app in accordance with these Terms.

Follow the law and these Terms. You are responsible for complying with these Terms, and with all laws (and with any other terms and conditions) that apply to your use of the Leavers WA app.

Privacy and your information

Privacy. Your information will be collected, used, stored and disclosed the Leavers WA app as set out in the Leavers WA Privacy PolicyBy using or accessing the Leavers WA app, you agree to such collection, use, storage and disclosure.

Your information will be made available to WA Police service providers who assist with WA Police operations. Your information will also be used and disclosed as required or authorised by law.

Electronic notices. WA Police may send you electronic messages via electronic notifications, including electronic notifications on your mobile device. You acknowledge that any such messages satisfy all legal requirements for written communication.

Limitations of Leavers WA app

No warranties. The Leavers WA app provided 'as is' and 'as available'. Except as required by law, WA Police does not make any claims (and hereby disclaims any warranties) relating to:

  • quality, performance or fitness for any particular purpose of the Leavers WA app;
  • accuracy, reliability or quiet enjoyment of the Leavers WA app;
  • non-infringement of third-party rights (including intellectual property rights); or
  • anything else to do with the Leavers WA app or any associated services.

Nothing that we say or write creates any warranties in respect of the Leavers WA app. But the law may have warranties for the Leavers WA app that we cannot lawfully exclude or change - those warranties will apply to the Leavers WA app as required by law.

Errors and interruptions. WA Police is not responsible for:

  • making sure the Leavers WA app is error free;
  • ensuring any defects with the Leavers WA app will be fixed; or
  • ensuring that you have continuous access to the Leaves WA app.

Third party technologies. The Leavers WA app uses QR code technology and other technology and services that are provided by third parties. The technology may not always work as expected. As with the other aspects of the Leavers WA app, WA Police is not responsible for the operation of those technologies, or for making sure they are error-free. You must comply with any terms and conditions applicable to those third party technologies.

Leavers WA app can be changed or withdrawn. WA Police may, at any time, and without notice or liability to you:

  • change the Leavers WA app; or
  • suspend or discontinue the Leavers WA app (in whole or in part).

WA Police can cancel your access to Leavers WA app. WA Police may, at any time, and without notice or liability to you:

  • terminate, suspend, restrict or disable your access to or use of the Leavers WA app; or
  • change who can use the Leavers WA app.

This could be because you do not comply with these Terms or with your legal obligations – or it could be for any other reason, including reasons relating to WA Police internal operations.

Limitations of Liability

Use of Leavers WA app is at your own risk. If the Leavers WA app is defective, you won't be reimbursed for any costs of fixing it – or fixing any damage or loss arising from it.

WA Police are not liable for loss. WA Police and its service providers are not liable for personal injury, or for any incidental, special, indirect or consequential damages whatsoever – including, without limitation:

  • loss (or use or misuse) of data or damage to any technology;
  • loss of profits or income, loss of opportunity;
  • interruption to your business or your travel plans; or
  • any other loss or cost arising out of or related to your use of (or inability to use) the Leavers WA app,

– however caused, and whether arising under contract, tort, statute or otherwise, and even if you have advised WA Police of the possibility of such loss or cost.

WA Police's total liability to you for all damages and any kind of loss will not, in any case, exceed $50 (Australian).

Your rights at law. Some jurisdictions give you rights at law that can't be limited or excluded – and so some of the above limitations might not apply to you. In that case, they apply only to the maximum extent permitted by law.

If WA Police is liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, then (to the extent legally possible), WA Police limits its liability under those provisions to (as WA Police chooses):

  • supplying the Leavers WA app or any relevant services again; or
  • the payment of the cost of having the Leavers WA app or relevant services supplied again,

Intellectual Property Rights

WA Police (or its service providers) own all rights in the Leavers WA app. They are licensed (not sold) to you. The licence is for you to use the Leavers WA app for the sole purpose set out in its Additional Terms.

WA Police reserves all rights in and to the Leavers WA app (including in respect of technology, trade marks and branding) that are not expressly granted to you under this licence. You agree to not challenge or dispute those reserved rights.

If you provide us any feedback about the Leavers WA app, we may use and disclose that feedback without any obligation to you. We own all rights in anything created as a result of that feedback (including any changes to the Leavers WA app or any new product).

Apple and Google terms

You need to comply with some additional terms set out by Apple and Google.

For all Apple and Google usersIf you have downloaded or accessed the Leavers WA app via an Apple service or a Google service, then:

  • Apple or Google (as applicable) may collect, retain and use information about your use of the Leavers WA app;
  • these Terms are an agreement between you and WA Police, and not with Apple or Google;
  • neither Apple nor Google is responsible for providing you with support or maintenance in respect of the Leavers WA app;
  • neither Apple nor Google is responsible for addressing any claims by you or any third party relating to the Leavers WA app; and
  • neither Apple nor Google is responsible for the investigation, defence, settlement or discharge of any third party intellectual property infringement claims.

Additional Apple terms. If you have downloaded or accessed the Leavers WA app via an Apple service (including the App Store or the iTunes Store), or an Apple iOS device:

  • WA Police grants you the right to use the Leavers WA app only on an Apple iOS product that you own or control, and as permitted by the usage set out in the App Store Terms of Service;
  • if the Leavers WA app does not comply with any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Leavers WA mobile app to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Leavers WA app;
  • you represent and warrant that you are not: (i) located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country; or (ii) listed on any US government list of prohibited or restricted parties; and
  • Apple and its subsidiaries are third party beneficiaries of these Terms and may enforce these Terms against you.

General

Laws of WA. These Terms are governed by and interpreted in accordance with the laws of Western Australia, and the courts of Western Australia will have exclusive jurisdiction in respect of any dispute which may arise.

Disputes. Before filing a claim or complaint against WA Police, you agree to attempt to resolve the dispute by first emailing WA Police at the contact details given below, with a description of your claim. We will attempt to resolve the dispute within 60 days of receiving your call. If we are unable to resolve the dispute, you may commence formal action.

Interpretation. 'Including' and similar words do not imply any limit. If any part of these Terms is illegal, unenforceable or invalid, that part is deemed to be changed as required so that it is no longer illegal, unenforceable or invalid, and the remaining parts of these Terms remain in full effect. Our failure or delay in enforcing these Terms is not a waiver of our right to do so later. References to an organisation include firms, companies, partnerships, joint ventures, associations and other body corporates, and any of their successors or permitted assigns.

Contact Us

To contact WA Police about Leavers WA, email us at LeaversWA@police.wa.gov.au.