Background

The Early Years SA mobile application (the Early Years SA app) has been developed by the Department for Education, Government of South Australia (the Department for Education). The Early Years SA app is for South Australian families with children aged 0 – 5 years, and provides reputable information, resources, and activities to assist with child development, wellbeing, health, and learning.

1. Disclaimer

These terms and conditions are governed by the laws of the State of South Australia, Australia.

Use of the information and data contained within the Early Years SA app is at your sole risk as the User.

If you rely on the information on the Early Years SA app you are responsible for ensuring by independent verification its accuracy, currency, or completeness. Information and resources available through the Early Years SA app are provided as guidance only and must not be relied upon or considered medical or expert advice on the subject matter. Users requiring medical or other relevant expert advice should contact Child and Family Health Service, General Practitioners, paediatricians and/or local health authorities for individualised advice pertaining to specific health and development needs.

Use of the information found in the Early Years SA app is not a replacement or substitute for advice provided by a medical professional and the Early Years SA app must not be used or construed as a medical tool or advice mechanism of any sort.

The Early Years SA app includes links to external websites operated by community, business, and government. These linked websites will have their own terms and conditions of use and you should familiarise yourself with these.

All linked websites on the Early Years SA app are linked 'as is' and the Department for Education:

1. does not sponsor, endorse, or necessarily approve of any material on websites linked from or to the Early Years SA app
2. does not make any warranties or representations regarding the quality, accuracy, merchantability, or fitness for purpose of any material on websites linked from or to the Early Years SA app
3. does not make any warranties or representations that material on other websites to which this site is linked does not infringe the intellectual property rights of any person anywhere in the world
4. does not authorise the infringement of any intellectual property rights contained in material in other websites by linking the Early Years SA app to those other websites.

If you use automatic language translation services in connection with the Early Years SA app you do so at your own risk.

The information and data on the Early Years SA app is subject to change without notice. The Department for Education may revise this disclaimer at any time by updating this page.

The Department for Education, its agents, instrumentalities, officers, and employees:

1. make no representations, express or implied, as to the accuracy of the information and data contained on and/or exported from the Early Years SA app or any website linked to or from the app
2. make no representations, express or implied, as to the accuracy or usefulness of any translation of the information on the Early Years SA app or any linked website into another language
3. make no representations as to the availability of the Early Years SA app and the availability of websites linked from or to the app
4. make no representations, either expressed or implied, as to the suitability of the said information and data for any particular purpose
5. to the extent permissible by law, accepts no liability however arising for any loss resulting from the use of the Early Years SA app and any information and data on the app and/or exported from the app, or reliance placed on that information or data (including translated information and data)
6. to the extent permissible by law, accepts no liability for any interference with or damage to a User's computer, mobile device (including tablets), software or data occurring in connection with or relating to the Early Years SA app or any website linked to the app

2. Account Creation and Acceptance of Terms

When a person accepts these Terms and Conditions and the Privacy Statement on opening the Early Years App, the person becomes known as a 'User'.

3. Use and Purpose of the Early Years SA app

The Early Years SA app provides Users with the functionality to enter data including child name or nickname, birth date and/or due date, and the sex for growth chart selection. No email or password details are required to use the Early Years SA app. It should be noted that:

1. providing accurate details for birth date and/or due date will ensure Users are provided with information appropriate for their child
2. growth chart selection will enable the User to track growth against the relevant growth chart, which are available for girls and boys
3. the Early Years SA app does not require nor ask Users if they are the legal guardian of the child they have created a profile for.

The Early Years SA app provides age-relevant information for children aged 0 – 5 years based on the date of birth and/or due date entered when the User creates a child profile. This includes age-appropriate information about milestones, sleep, nutrition, learning, health, wellbeing, development, safety, and injury prevention. The maximum age for a child is up to 6 years old, or 2190 days. When the child reaches this age, the User will be able to continue using the app for their child, but they will be warned that the content inside of the app is no longer relevant to their child.

The Early Years SA app is purposed to supplement, but not replace the Health and Development Record, also known as the ‘Blue Book’ which is available from the Child and Family Health Service (CaFHS) website.

4. Agreement to Appropriate Use of App by User

The User agrees:

1. not to use the Early Years SA app for any unlawful or improper purpose
2. not to circumvent or attempt to breach any security or authentication mechanisms or other systems in place for the Early Years SA app
3. to only use the Early Years SA app for general information purposes and not to rely on the Early Years SA app for individualised medical, health or expert advice or opinion
4. that the information in the Early Years SA app must not be substituted for advice from qualified medical and/or health professionals, or other experts on the relevant subject matter of information accessible through the Early Years SA app
5. that the Department for Education will not be liable for claims or damages arising from any adverse outcomes or consequences to Users or other persons, relating to / arising from the use or adoption of any of the information provided via the Early Years SA app.

5. Responsibilities of the Department

The Department:

1. will make the Early Years SA app available for use by the public for the period the Department seeks to maintain the app
2. will provide the app on an ‘as is’ basis and without charge to Users or prospective Users
3. makes no warranties (express or implied) or representations, to the extent permissible by law, for the availability, performance, or fitness for purpose of the Early Years SA app and any associated systems or software.

6. Availability and Appropriate Use of Information Available Through the Early Years SA app

Information and resources provided in the Early Years SA app are sourced from both government and non-government resources. Each resource is credited to the original owner and link(s) are provided so Users can find out more about subjects of interest. Information found in the Early Years SA app will be kept as accurate and up to date as possible, though the Department for Education makes no guarantee of the accuracy, correctness, or currency of the information available through the Early Years SA app. Please refer to the linked websites for the most up-to-date information.

Information provided via the Early Years SA app must not be misused by Users or other persons. Misuse of the information provided includes, but is not limited to, use of the information without crediting the owner or source, and use of the information for profit without prior permission or agreement from the owner.

If you wish to use the information from external websites or sources provided via the Early Years SA app, you must contact the original information owner directly to seek permission to use the information and/or consult the original information owner’s respective Terms and Conditions and/or copyright policies relating to the information, to ensure your use of the information is compliant with any intellectual property, copyright or other relevant considerations associated with such use.

7. Privacy of User Information

The personal information of Users will be collected, used and disclosed in accordance with the Education and Children’s Services Act 2019 (SA), the South Australian Government Information Privacy Principles (IPPS) and the Early Years SA mobile application Privacy Statement. Users are required to accept the Privacy Statement before they are able to use the Early Years SA app.

8. Versions

Users must ensure that they have the most current / up to date version of the Early Years SA app installed at all times. The Department accepts no responsibility for any security and / or accessibility issues arising from Users using an old or out of date version of the app.

9. Intellectual Property

Any Intellectual Property Rights including copyright and trademarks in or created in the development of the Early Years SA app are owned by or licensed to the Department for Education.

Any User of the Early Years SA App does not own or have claim to any Intellectual Property Rights in the Early Years SA app through their use of the Early Years SA app or via these Terms and Conditions and must not infringe on the owner’s Intellectual Property Rights through misuse of the Early Years SA app or by any other means.

Users must not:

1. disassemble, decompile, reverse engineer, or extract the source code for the Early Years SA app
2. manufacture or create software or other works based on the Early Years SA app or tamper with / modify the app in any way; or
3. distribute any unauthorised copies of the Early Years SA app.

Further the Early Years SA app should only be obtained or accessed through:

1. Google Play Store; or
2. Apple App Store; or
3. other means approved by the Department for Education.

10. Feedback and Complaints

User Feedback is a key driving factor to ensure people’s experience with the Early Years SA app can be continually improved. If you have any feedback or want to make a complaint about the Early Years SA app, please use the feedback form available on the Account page.

11. Governing Law

These terms are governed by the laws of the State of South Australia, Australia.