PRODA Terms and conditions These Terms and Conditions apply to all access and use of PRODA.

Contents1. About these Terms and Conditions............................................................................................................2

2. Changes to Terms and Conditions..............................................................................................................2

3. Compliance.................................................................................................................................................3

4. Accuracy of information and representations and false or misleading information...................................3

5. Use of your Personal Information for Enrolment and verification for a Digital Credential.........................4

6. Creation of an Organisation Record............................................................................................................4

7. Organisation Delegations............................................................................................................................4

8. Terms of use of the System........................................................................................................................5

9. Terms of use of the PRODA code generator...............................................................................................5

10. Restrictions on the use of the PRODA code generator...........................................................................6

11. Use of Non-Personal Information...........................................................................................................7

12. Personal Information..............................................................................................................................7

13. Intellectual Property...............................................................................................................................7

14. Security...................................................................................................................................................7

15. Notification to us....................................................................................................................................8

16. Accessibility............................................................................................................................................8

17. Changes to the System...........................................................................................................................9

18. Changes to the PRODA code generator..................................................................................................9

19. Liability...................................................................................................................................................9

20. Restriction, suspension and termination..............................................................................................11

21. Jurisdiction............................................................................................................................................11

22. Rule of Construction.............................................................................................................................12

23. Contact Information.............................................................................................................................12

24. Definitions and interpretation..............................................................................................................12

25. Open Source Software Licences............................................................................................................14

26. Declaration...........................................................................................................................................15

1. About these Terms and Conditions1.1 In these Terms and Conditions:

(a) "you" or "your" is a reference to the user agreeing to these Terms and Conditions and all parties acting on the user's behalf;

(b) "we", "our" or "us" is a reference to the Commonwealth of Australia represented by the Department of Human Services or its successors; and

(c) "Terms and Conditions" means these terms and conditions set out in clauses 1 to 26 as amended from time to time in accordance with clause 2;

1.2 These Terms and Conditions govern your enrolment for a Digital Credential, your use of your Digital Credential, your use of the PRODA code generator (the "PRODA code generator") and access to and use of the System.

1.3 We may from time to time make arrangements with another Commonwealth Agency or third party (“Other Agency”) to allow you to conduct transactions electronically with that Other Agency using your Digital Credential.

1.4 We, and not Google Inc ("Google") / Apple Inc ("Apple") or any other person, are solely responsible for the PRODA code generator and its content.

1.5 Please read these Terms and Conditions carefully. You agree:(a) to conduct transactions electronically with us and Other Agencies using your Digital Credential;

(b) to be bound by these Terms and Conditions every time you use the System, whether you access the System through these Terms and Conditions by beginning the registration process acknowledging that you accept these Terms and Conditions, clicking the "Register now" button and submitting this document or whether you access the System through other web pages;

(c) to be bound by these Terms and Conditions by beginning the registration process acknowledging that you accept these Terms and Conditions, clicking the "Register now" button and submitting this document or taking steps to install and use the PRODA code generator on your Android / Apple device (including iPhone, iPad or iPod touch or other Apple device) ("Device"); and

(d) that the PRODA code generator and System access is provided to you by us (and our third party suppliers) in consideration of your agreement to these Terms and Conditions and your use, installation, and, in the case of any modification or redistribution of the PRODA code generator or underlying software, constitutes acceptance of these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use, install, modify or redistribute the PRODA code generator.

1.6 These Terms and Conditions including the Usage Rules (defined below) constitute the entire agreement between you and us in connection with the System, your Digital Credential and the PRODA code generator. However, these Terms and Conditions do not affect any agreement you may have with Google / Apple including your agreement to the Usage Rules (defined below). You must also comply with any applicable third party terms and conditions when using the PRODA code generator.

1.7 We agree to provide you with a Digital Credential and make the System and the PRODA code generator available to you in accordance with these Terms and Conditions. You should note that Open Source Software is also included in the PRODA code generator.

2. Changes to Terms and Conditions 2.1 You agree:

(a) that we may change or add to these Terms and Conditions at any time, by giving you notice, which may be provided electronically;

(b) that a message sent to your email address (as held in our records) or by notice published on our website at PRODA is one way of giving you notice electronically;

(c) that if you do not agree to the amendments, you (as your sole remedy) should cease to use the System and PRODA code generator and remove the PRODA Code Generator from your Device;

(d) that if you access or use the System or the PRODA code generator after you have been notified of a change or addition to these Terms and Conditions, you will be taken to have agreed to that change or addition in respect of all access to and use of the System or the PRODA code generator after that date; and

(e) that these Terms and Conditions may not be changed orally or by conduct by any person.

3. Compliance 3.1 You agree to comply with these Terms and Conditions in relation to your use of the System, your

Digital Credential and the PRODA code generator.

3.2 If you use your Digital Credential to conduct electronic transactions with Other Agencies, you agree that:

(a) you will comply with these Terms and Conditions when conducting those transactions; and(b) those transactions may be governed by the terms of use that apply to the system on which

those transactions are conducted, but those terms of use do not affect your obligation to comply with these Terms and Conditions or the Usage Rules.

3.3 You agree to comply with Google's / Apple's privacy policies (see clause 12). An Other Agency may also have additional or different privacy policies that apply to you when you conduct transactions electronically with that agency using your Digital Credential. Those additional or different privacy policies do not affect your obligation to comply with this clause 3.

3.4 You must not assign or sub-licence any rights or novate your obligations under these Terms and Conditions. However, you do have the right to use, free of charge, any Open Source Software and associated documentation files to deal in the Open Source Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Open Source Software, and to permit persons to whom the Open Source Software is provided to do so.

3.5 If any part of these Terms and Conditions are illegal or unenforceable, we may remove that part from these Terms and Conditions and the remaining parts will continue in force.

4. Accuracy of information and representations and false or misleading information

4.1 You understand that:(a) giving false or misleading information is a serious offence under the Criminal Code Act 1995

(Cth);(b) we regularly undertake audits of access to, and use of, the System; and

(c) if we become aware of the provision of false or misleading information or any fraudulent activity in connection with your Secure Access Details (defined below) or the System, to the extent permitted by law, the Commonwealth will pursue the relevant person(s).

4.2 You agree:

(a) that all information you provide, and representations you make, to us are true, complete and accurate;

(b) that we are not liable for the accuracy of any information provided, or representations made, by you or for any action taken by us in reliance on that information or those representations where you do not provide information that is true and correct in all respects;

(c) that you must not provide false or misleading information and that doing so may result in prosecution and civil or criminal penalties; and

(d) to notify us promptly in the event that you consider any information provided, or representation made by you:

(i) needs to be updated, including your email address as held in our records; or(ii) is or may be incorrect or misleading.

5. Use of your Personal Information for Enrolment and verification for a Digital Credential

5.1 You understand and agree that we may collect, use and disclose your personal information as set out in the PRODA – Privacy Notice.

5.2 From time to time, we may:(a) request that you provide updated Individual Verification Information; and

(b) undertake a revised Individual Verification Process.

6. Creation of an Organisation Record 6.1 If you are the Authorised Responsible Officer of an organisation, you may register that organisation in

the System by providing the name of the organisation (as listed on the Australian Business Register), the Registered Email Address of the organisation and the ABN of the organisation (“Organisation Verification Information”).

6.2 Once you have provided the Organisation Verification Information we will undertake an Organisation Verification Process.

6.3 Once the Organisation Verification Process is complete, we will:(a) notify you of the outcome of the Organisation Verification Process;

(b) if the outcome of the Organisation Verification Process is that we accept the validity of the Organisation Verification Information - advise you of this;

(c) if the outcome of the Organisation Verification Process is that we do not accept the validity of the Organisation Verification Information - advise you of this and of alternative steps that you may take; and

(d) retain a copy of your Organisation Verification Information, as well as a record stating the outcome of the Organisation Verification Process.

6.4 From time to time, we may:

(a) request that you provide updated Organisation Verification Information; and(b) undertake a revised Organisation Verification Process.

6.5 You consent:(a) to providing the Organisation Verification Information to us;

(b) to us undertaking the Organisation Verification Process;(c) to us retaining a copy of the Organisation Verification Information; and

(d) to us assigning your organisation with a PRODA RA Number and creating an Organisation Record for your organisation.

7. Organisation Delegations 7.1 If you are the Authorised Responsible Officer for an organisation that has an Organisation Record in

the System, you may nominate Delegates for your Organisation Record in the System.

7.2 If you are an Authorised Responsible Officer or a Delegate for an Organisation, you may nominate Personnel of the organisation in the System.

7.3 If you are a Delegate or a Personnel , you agree to provide your PRODA RA Number, full name, date of birth and gender to the Authorised Responsible Officer or Delegate of the organisation (as appropriate) for the purposes of creating Delegations in the System.

7.4 If you are the Authorised Responsible Officer for your organisation, you agree that you are responsible for:(a) managing Delegations including updating Delegations to reflect changes in your organisation’s

structure;(b) changing the details of Delegates in the System and/or removing Delegations for individuals

who no longer require access to the Organisation Record for your organisation;(c) notifying us of any changes to the Organisation Verification Information or information in

relation to Delegations;(d) any changes made to your Organisation Record by you or your organisation’s Delegates; and

(e) obtaining consent from the individual to nominate that individual as a Delegate or Personnel for your organisation prior to nominating them as a Delegate or Personnel for your organisation.

8. Terms of use of the System8.1 You agree:

(a) subject to any law to the contrary, the System is provided "as is" without any warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement in its use and operation alone or in combination with any other product;

(b) that any use of the System using your Digital Credential is taken to be a use of the System by you;

(c) that we may monitor your access to the System;(d) that we will use reasonable efforts to protect information submitted by you in connection with

the System (but this does not extend to any information submitted by you to an Other Agency using your Secure Access Details), but you agree that your submission of such information is at your sole risk, and we disclaim any and all liability to you for any loss or liability relating to such information in any way; and

(e) that your PRODA RA Number, full name, date of birth, gender and Registered Email Address, and/or your organisation’s name, ABN and PRODA RA Number, may be provided to an Other Agency for the purpose of accessing the systems of that Other Agency.

9. Terms of use of the PRODA code generator9.1 Without limiting any Open Source Licence rights you may have, you cannot use the PRODA code

generator for commercial purposes (including sale, renting or leasing of it) but you may use your Digital Credential for the purpose of carrying out transactions with us or Other Agencies which are for business purposes.

9.2 Subject to any law to the contrary, the PRODA code generator is provided "as is" without any warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement in its use and operation alone or in combination with any other product.

9.3 We grant you a non-transferable, non-exclusive, revocable licence to perform, display, and use the PRODA code generator on your Device. This is a limited licence, and all other rights are reserved to us.

9.4 You agree that we own all intellectual property rights in the PRODA code generator or use the PRODA code generator under licence from a third party.

9.5 Your use of, and access to, the PRODA code generator is subject to your agreement to the "Usage Rules" which are:

(a) For Google, the Google Terms of Service (see Google website), the Google Play Terms of Service (see Google website) and the Google Play Business and Program Policies (see Google website) in place from time to time;

(b) For Apple, subject to clause 9.5(c), all applicable usage rules specified at Apple website; and

(c) For Open Source Software, the terms and conditions referred to at clause 25.9.6 The licence does not allow:

(a) use of the PRODA code generator on anything other than a Device that you own or control, except as provided for in the Usage Rules;

(b) use of the PRODA code generator where that use would breach clause 9.1;(c) use of the PRODA code generator contrary to the Usage Rules (for Google, you should note in

particular paragraph 6 of the Google Play Terms of Service);(d) altering, modifying or reverse engineering any element of the PRODA code generator;

(e) copying or extracting information from the PRODA code generator and separately distributing that information (unless allowed under an Open Source Licence, but you must comply with any conditions under the Open Source Licence);

(f) the use of any of the trade names, trademarks, service marks, product names, logos, domain names, design layouts and other distinctive brand features in the PRODA code generator, except as required to describe the origin of the Work or to reproduce the content of the notice file in relation to Open Source Software (please see clause 25);

(g) regarding Apple, the license does not allow the name, trademarks, service marks or logos of Apple to be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple. Except as expressly stated in these Terms and Conditions, no other rights or licenses, express or implied are granted by Apple herein, including but not limited to any patent rights that may be infringed by your Derivative Works or by other Works in which the Apple Software may be incorporated; and

(h) removing, obscuring or altering any legal notices displayed in the PRODA code generator.

9.7 If any of these Terms and Conditions conflict with the Usage Rules then the Usage Rules, and not these Terms and Conditions, apply to the extent of any such conflict.

10. Restrictions on the use of the PRODA code generator10.1 You must not use or otherwise export or re-export the PRODA code generator except as authorised by

United States law and the laws of the Australian Capital Territory. In particular, but without limitation, the PRODA code generator may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the PRODA code generator, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

10.2 You must not attempt to circumvent, disable or defeat any of the security features or components that protect the PRODA code generator and you must not assist, authorise or encourage others to do so.

10.3 You must not use the PRODA code generator to infringe any law, regulation, order or legislative instrument or to commit fraud or another offence. You acknowledge that if we suspect such use we may provide your Personal Information to any relevant law enforcement agency.

10.4 You acknowledge that Google / Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the PRODA code generator.

11. Use of Non-Personal Information11.1 Both we and Google / Apple (including any partners and licensees) may collect, share and use

technical data and related information, including information about your Device, use of Google / Apple services and the PRODA code generator to provide and maintain the PRODA code generator, and to facilitate the provision of updates, and provide, maintain, protect and improve Google Play and other Google services / Apple services and develop new services. You agree that this information can be collected, shared and used as long as it does not personally identify you.

11.2 To provide location-based services in the PRODA code generator we, Google / Apple and Google's / Apple's partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your Device. This data is collected anonymously in a form that does not personally identify you and is used by us, Google / Apple and Google's / Apple's partners and licensees to provide and improve location-based products and services.

12. Personal Information 12.1 Google has a Privacy Policy which includes details of the information it collects, and how it collects and

uses that information. The Privacy Policy is subject to change, and it can be viewed at Google website.

12.2 Apple has a Privacy Policy which includes details of the information it collects, and how it collects and uses that information. The Privacy Policy is subject to change, and it can be viewed at Apple website.

13. Intellectual Property13.1 The PRODA code generator (including software) and the System and the information contained within

them is subject to intellectual property rights including copyright.13.2 Unless stated otherwise, the content (including text, graphics, logos, icons, images, video and audio

clips and any other form of information or content and design elements) is owned by the Commonwealth or used by the Commonwealth under licence from a third party. Your use of the PRODA code generator and System is by way of a non-exclusive licence as set out in these Terms and Conditions and in no way transfers or assigns ownership in any intellectual property rights (including copyright) to you.

13.3 Regarding Google, where the Android robot logo or other material from the Android Open Source Project is used in the PRODA code generator it is reproduced from work created and shared by the Android Open Source Project and used according to terms described in the Creative Commons 2.5 Attribution License.

13.4 With respect to Open Source Software only and subject to any terms and conditions under Open Source Licences, we hereby grant to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

14. Security14.1 You agree:

(a) to keep:

(i) your Digital Credential;(ii) your PRODA RA Number or your organisation’s PRODA RA Number;

(iii) your System secret questions and answers;(iv) your user identification and passwords and secret questions and answers for the PRODA

code generator; and(v) any other security details for your access to the System, (together, your "Secure Access

Details") confidential and secure at all times, except where you are required to provide your Secure Access Details to an Other Agency: (i) for the purpose of accessing the systems of that Other Agency or

(ii) in accordance with these Terms and Conditions;

(b) to take all necessary precautions to prevent loss, disclosure, modification, or unauthorised use of your Secure Access Details;

(c) where required, to change your System password(s) regularly and when prompted by the System and/or us;

(d) to not permit any other person to use your Secure Access Details except in accordance with these Terms and Conditions; and

(e) that you must ensure that you have appropriate business and security controls in place to ensure all claims, forms and other documentation submitted to us, whether using the System or otherwise, are appropriately authorised.

14.2 You will be responsible for all access to, and use of, the PRODA code generator undertaken on your Device with your user identification and password.

15. Notification to us15.1 You agree to immediately notify us in writing in the event:

(a) of the possible loss or theft of any of your Secure Access Details;

(b) of the possible loss or theft of your Device;(c) that you consider or suspect that any of your Secure Access Details are compromised in any

way; (d) that you become aware of or suspect that an unauthorised person:

(i) has accessed the System or the PRODA code generator; or(ii) has submitted claims, forms or other documentation to us or to an Other Agency using your

Secure Access Details; or(e) that you become aware of or suspect any identity theft, impersonation or any other fraudulent

activity in connection with your Secure Access Details, the System, the PRODA code generator or any system of an Other Agency that you access using your Secure Access Details.

16. Accessibility16.1 You agree:

(a) that we may from time to time change our technical requirements in relation to the use of the System, which may require you to:

(i) change your Secure Access Details; or(ii) upgrade your software / browser; and

(b) that your access to the System or the PRODA code generator depends on services provided by telecommunications and internet service providers, and other external factors, and that we cannot guarantee the availability of the System or the PRODA code generator.

17. Changes to the System17.1 You agree:

(a) that we may make changes to the System at any time, with or without notice to you;(b) that we may notify you of changes to the System through information and notices available to

you when you access the System;(c) that you are responsible for regularly accessing notices and information provided by us through

the System; and(d) that in the future, we may make changes to the System to link you (being an individual) to;

(i) one or more health provider organisations (if applicable); or(ii) Other Agencies (if applicable) with corresponding changes to these Terms and Conditions

in accordance with clause 2.

18. Changes to the PRODA code generator18.1 We may, in our sole discretion, change, add, supplement or remove any of the functionality of the

PRODA code generator ("Upgrade") with or without notice to you. If we do, these Terms and Conditions will govern any Upgrade to the PRODA code generator unless we notify you of replacement terms in which case those terms will apply for that Upgrade. Every time you access and/or use the PRODA code generator you will be accepting these Terms and Conditions of use, which will include your acceptance of any changes to these Terms and Conditions of use that have been notified to you by us.

18.2 We may make changes to the PRODA code generator at any time, with or without notice to you.

18.3 We may notify you of changes to the PRODA code generator through information and notices available to you when you access the PRODA code generator.

18.4 You agree that any Upgrades or changes to the PRODA code generator may require you to update the PRODA code generator. You agree to download any updates to the PRODA code generator that are available from Google Play / Apple.

19. Liability19.1 You agree:

(a) that you are responsible for any damage to your computer, systems, software or Device caused by any Harmful Code, corruption, attack, interference or other security intrusion; and

(b) that to the maximum extent permitted by law:

(i) we make no warranty, express or implied, that the information included in or accessed through the System or the PRODA code generator is correct or current;

(ii) the PRODA code generator is provided on an 'as is' and 'as available' basis. We make no representations or warranties that the PRODA code generator will be free from loss, corruption, attack, Harmful Code, interference or other security intrusion, or will be uninterrupted, error free, fit for purpose, that any defects with the PRODA code generator will be rectified or that the PRODA code generator will not have unintended effects on the operation of your Device; and

(iii) we (and our employees and agents) and any relevant Other Agency exclude any and all liability we (or they) may have at law, including in contract, tort (including negligence), under statute or otherwise, to you or anyone acting on your behalf for any claims, costs, losses, liabilities, expenses or damage ("Losses"), whether direct, indirect or consequential, incidental, punitive, special or otherwise (including, without limitation, costs concerning loss of data, communication costs, support costs, software acquisition or other procurement of substitute goods or services costs, loss of goodwill, work stoppage,

computer failure or malfunction, or any other commercial Losses including Losses associated with the System or PRODA code generator being from time to time inoperative or inaccessible), arising from or in connection with:

A. your access to or use of or other dealings in, or anyone on your behalf's access to or use of or other dealings in, the System;

B. your access to or use of or other dealings in, or anyone on your behalf's access to or use of or other dealings in, the PRODA code generator;

C. your use of, or anyone on your behalf’s use of, your Secure Access Details in relation to the System, or the systems of Other Agencies;

D. your creation or use of, or anyone on your behalf’s use or creation of, an Organisation Record or PRODA RA Number for an organisation;

E. your creation or management of, or anyone on your behalf’s creation or management of, Delegations in relation to an Organisation Record, including your failure to remove Delegations for individuals who should no longer have access to the Organisation Record;

F. any failure to access the systems of Other Agencies using your Secure Access Details;G. any transaction between you and an Other Agency which is facilitated using a code

generated by the PRODA code generator;H. errors or omissions in content;

I. incorrect information provided to you;J. your failure to comply with these Terms and Conditions;

K. our termination or suspension of your access to the System or the PRODA code generator;

L. termination or suspension of your access to a system of an Other Agency using your Secure Access Details;

M. your loss or disclosure of your Secure Access Details;N. the System being altered or modified or not being available; and

O. any Open Source Software used in the PRODA code generator including any reproduction or modification of the Open Source Software.

19.2 We will hold the benefits of the exclusion of liability under clause 19.1 that accrue to any Other Agency, on trust for that Other Agency.

19.3 You agree to indemnify, defend, and hold us harmless for any liability incurred by, or claims asserted against, us.

19.4 You agree that by approving a particular version of a software product, we are not representing that the product is suitable for any purpose or that the product meets any quality standards.

19.5 Regarding the PRODA code generator:(a) We have used our reasonable endeavours to ensure that the information provided by the

PRODA code generator is correct and current at the time of uploading to Google Play / Apple. You must regularly check for any updates to the PRODA code generator that are available from Google Play / Apple.

(b) We will use reasonable endeavours to protect information submitted by you in connection with the PRODA code generator, but you agree that your submission of such information is at your sole risk, and in accordance with this clause 19 we, and any relevant Other Agency, disclaim any and all liability to you for any loss or liability relating to such information in any way.

(c) You acknowledge that we, and not Google / Apple, are responsible for addressing any claims you or any third party may have relating to the PRODA code generator or your possession and/or use of that PRODA code generator including, but not limited to: product liability claims, any claim that the PRODA code generator fails to conform to any applicable legal or regulatory requirement and any claims arising under consumer protection or similar legislation.

(d) In the event of any failure of the PRODA code generator to conform to any applicable warranty, you may notify:

(i) Google, within 48 hours after purchase of the PRODA code generator, that you require a refund of the price paid (if any) for the PRODA code generator and Google will refund the purchase price for the PRODA code generator (if any) but will have no other warranty whatsoever with respect to the PRODA code generator; or

(ii) Apple, and Apple will refund the purchase price for the PRODA code generator (if any) but will have no other warranty whatsoever with respect to the PRODA code generator and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility (subject to these Terms and Conditions).

(e) Regarding Apple, you agree that by downloading and using the PRODA code generator, you agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms and Conditions, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary.

20. Restriction, suspension and termination20.1 You agree:

(a) that we may at any time, at our absolute discretion, restrict, suspend or terminate these Terms and Conditions, your access to the System, your use of your Secure Access Details or your Organisation Record, or your right to access, use or reinstall the PRODA code generator, including:(i) because we reasonably believe that you have breached these Terms and Conditions;

(ii) because we reasonably believe that your Secure Access Details have been used to perform an unauthorised transaction (including an unauthorised transaction with an Other Agency);

(iii) because you are no longer eligible to access the System;

(iv) because an Other Agency has requested us to do so; or(v) for any other reason;

(b) that either party may terminate these Terms and Conditions at any time by giving written notice to the other party ("Date of Termination"). You understand that you will not be able to use the System (or any system of an Other Agency that was accessed by you using your Secure Access Details) after termination. If we notify you that we have terminated these Terms and Conditions, you must stop using the PRODA code generator and promptly remove it from your Device; and

(c) that if these Terms and Conditions are terminated, your obligations under these Terms and Conditions will continue in respect of any use of the System or the PRODA code generator before the Date of Termination, and our rights to recover any debt owing will also continue.

21. Jurisdiction21.1 These Terms and Conditions are issued under and are to be construed in accordance with the laws in

force from time to time in the Australian Capital Territory. All parties submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and courts of appeal from them. Neither party will object to the exercise of jurisdiction by those courts on any basis.

22. Rule of Construction22.1 No rule of construction will apply in the interpretation of these Terms and Conditions to the

disadvantage of us on the basis that that party put forward or drafted these Terms and Conditions or any part of these Terms and Conditions.

23. Contact Information23.1 If you have any questions about these Terms and Conditions or the PRODA code generator, wish to

make a complaint with respect to the PRODA code generator, or need further information, please refer to the Contact Us screen in the PRODA code generator or access Human Services website.

24. Definitions and interpretation24.1 In these Terms and Conditions, a reference to:

(a) “Authorised Responsible Officer” means the individual listed as the Director or other responsible officer of an organisation on the Australian Business Register or the ASIC Company Register;

(b) "ABN" means Australian Business Number;

(c) "Commonwealth Agency" means any corporate or non-corporate Commonwealth entity as defined under the Public Governance, Performance and Accountability Act 2013 (Cth);

(d) “Delegate” means a person nominated by the Authorised Responsible Officer for an organisation for the purposes of clause 7;

(e) “Delegation” means the process by which the Authorised Responsible Officer for an organisation nominates Delegates in accordance with clause 7;

(f) "Digital Credential" means a unique PRODA digital credential assigned to an individual, for access to certain systems of ours and Other Agencies (where applicable), comprised of a username and password(s);

(g) "DVS" means the Commonwealth Document Verification Service;

(h) "Derivative Works" means any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof;

(i) "Harmful Code" means any software or code that is designed to infiltrate a device, computer or system without a user's informed consent, such as malware, virus, hacking tools and Trojans, irrespective of the origin;

(j) "Individual Verification Information" means any of the information (which may include your Personal Information) that you provide in order to apply for access to the System;

(k) "Individual Verification Process" means the verification process undertaken by us when you apply to access the System;

(l) “Issuer” means the agency that issues the Verification Documents and may receive requests to verify those documents;

(m) "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types;

(n) “Official Record Holder” means the agency that holds the Verification Information, and may or may not be the Issuer;

(o) "Open Source Licence" means a licence which complies with the Open Source Definition; the licence allows software to be freely used, modified and shared (source: http://opensource.org/licenses);

(p) "Open Source Software" means software whose source code is available for modification or enhancement by anyone (source: http://opensource.com/resources/what-open-source);

(q) “Organisation Record” means the account created when an Authorised Responsible Officer for an organisation registers their organisation in the System in accordance with clause 6;

(r) “Organisation Verification Information” means any of the information that you provide in accordance with clause 6.1;

(s) “Organisation Verification Process” means the verification processes undertaken by us when you apply to create an Organisation Record in the System;

(t) “Other Agency” has the meaning given in clause 1.3;

(u) "Personal Information" has the same meaning as under section 6(1) of the Privacy Act 1988 (Cth) which is, information or an opinion about an identified individual, or an individual who is reasonably identifiable:(i) whether the information or opinion is true or not; and

(ii) whether the information or opinion is recorded in a material form or not;(v) "Personnel" means a person who has been nominated by an Authorised Responsible Officer or

Delegate for the purposes of clause 7;(w) "PRODA" means the Provider Digital Access;

(x) "PRODA – Privacy Notice" means the notice that appears on the registration page of the System which outlines how we will use your Personal Information;

(y) “PRODA Registration Authority (RA) Number” means the unique identification number assigned to each individual or organisation upon successful completion of the Individual Verification Process or Organisation Verification Process;

(z) “Registered Email Address” means the email address provided by you when you request access to the System or create an Organisation Record;

(aa) "Secure Access Details" has the meaning given in clause 14.1(a);(bb) "Source" form shall mean the preferred form for making modifications, including but not limited to

software source code, documentation source, and configuration files;

(cc) "System" means PRODA;(dd) "Terms and Conditions" means these terms and conditions set out in clauses 1 to 26, as amended

from time to time in accordance with clause 2;(ee) "Work" means the work of authorship, whether in Source or Object form, made available under the

License, as indicated by a copyright notice that is included in or attached to the work.24.2 In these Terms and Conditions:

(a) headings are for convenience only, and do not affect interpretation;(b) a singular word includes the plural, and vice versa;

(c) a reference to a clause is to a clause in these Terms and Conditions; and(d) the meaning of general words is not limited by specific examples introduced by "including", "for

example" or similar expressions.

25. Open Source Software Licences25.1 The following Open Source Software is used in the PRODA code generator. Links to the various Open

Source Software licences and are set out below. The links also identify the relevant Open Source Software permission notices.

(a) iOS(i) AFNetworking:

Version: 2.5.3Date: 27/4/2015Licence: AFNetworkingCopyright (c) 2013-2015 AFNetworking

(ii) AFOAuth2Manager: Version: 2.2Date: 27/4/2015Licence: AFNetworkingCopyright (c) 2011-2014 AFNetworking

(iii) Generic Keychain Wrapper:Version: 1.2Date: 5/2/2015Licence: dhoerlCopyright (C) 2010 Apple Inc. All Rights Reserved

(iv) Google Authenticator:Version: d6a7bbfc186687cc80fd9dfd43fd8043ce63ab5dDate: 5/2/2015Licence: ApacheCopyright 2011 Google Inc.Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a License at Apache

(v) RKDropdownAlert:Version: 0.2.0Date: 10/4/2015Licence: C-W Richard KimCopyright (c) 2014 Choong-Won Richard Kim <cwrichardkim@gmail.com>

(vi) THPinViewController:Version: 1.2.4Date: 23/2/2015Licence: Nils GrabenhorstCopyright (C) 2014 by Thomas Heß

(vii) UIApplication+NetworkActivityIndicatorManager:Version: Not specifiedDate: 27/4/15Licence: Open sourceCopyright 2010 Aral balkan

(b) Android (i) Android Pin View:

Chin LoongVersion: 08486824d1326453de3fa3fac0326543edd7dc87Date: 15/6/2015Licence: Open sourceCopyright © 2015 chinloong

(ii) Android Lock Pattern:Version: 3.2.1 BetaDate: 12/3/2015Licence: ApacheCopyright 2012 Hai BisonLicensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a License at Apache

(iii) Google Authenticator:Version: 2.21Date: 27/4/2015Licence: ApacheCopyright 2010 Google IncLicensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a License at Apache

26. Declaration26.1 By beginning the registration process you acknowledge that you accept these Terms and Conditions,

and you declare that:(a) you have the authority to agree and submit to these Terms and Conditions and to commence

the registration process;(b) the information provided by you is true, complete and correct;

(c) you have read and understood the Terms and Conditions as outlined in clauses 1 to 26;(d) you have read and agree to comply with Google's privacy policy in clause 12.1 or Apple's privacy

policy in clause 12.2, as appropriate; and(e) you are the individual that you assert to be.