Terms And Conditions

In these terms, “ClassCover” “we”, “our” or “us” means Class Cover Pty Ltd ACN 153 495 268, and “you” or “your”, means any User of the Platform.

You must not continue to use this Platform, or register an account (Account), if you do not agree to all parts of these terms that apply to you. These terms form our agreement with you (and your agreement with other Users) for all activities you undertake on the Platform after becoming aware of these terms.

We may update these terms from time to time by notice to you. If you continue to use the Platform after such notice is given, you will be taken to have agreed to these terms as updated.  

The parties all agree that, by holding an Account, each party must not do anything or omit to do anything that may bring the reputation of ClassCover or another User into disrepute.

1. DEFINITIONS

In these terms, the following words and phrases have the following meaning:

a) Casual Booking: means any listing or agreement for performance of casual teaching or school related services for a School.

b) ClassCover Bookings: means the part of the Platform which allows for Teachers to make themselves available, and for Schools to find and book Teachers, for Casual Bookings.

c) ClassCover Data: has the meaning given in clause 6(a).

d) ClassCover Jobs: means the part of the Platform which allows for the advertisement of Jobs.

e) Job: any vacant role at an Organisation on a permanent, part-time or full-time, basis, that is advertised on ClassCover Jobs.

f) Organisation: means any entity, including but not necessarily a School, which purchases a Subscription for the purpose of advertising Jobs.

g) Platform: includes the ClassCover website (https://www.classcover.com.au/, including any sites we operate with the same domain name and a different extension) and marketplace platform, as described on our website from time to time, and all associated services we perform for you in accordance with these terms.

h) School: means a registered educational institution.

i) Student: any person who is enrolled in a class for which the Worker performs a Casual Booking or a Job.

j) Subscription: means a School’s or Teacher’s subscription to ClassCover Bookings and/or an Organisation or Worker’s subscription to ClassCover Jobs (as applicable) based on the subscription type and tier available to and selected by the User on the Platform.

k) Teacher: means a person who is suitably qualified, licensed and registered to perform services as a teacher in the manner required as described in the listing for the Casual Booking or Job as applicable. Not all Workers are Teachers.

l) User: a person who registers an Account as either a Worker or an Organisation.

m) User Data: has the meaning given in clause 6(b).

n) Worker: any User, including Teachers, who creates an Account for the purposes of finding a Job or making themselves available for a Casual Booking.

2. RELATIONSHIP OF THE PARTIES
   
   a) You acknowledge and agree that ClassCover provides an introductory service as a passive conduit to facilitating the relationship between Organisations and Workers, through providing the Platform.
   
   b) You acknowledge and agree that ClassCover is in no way party to any relationship formed between a Worker and an Organisation in relation to any Job.
   
   c) These terms form a binding agreement between the User and ClassCover, and to the extent a clause is relevant to the relationship between Workers and Organisations, will form a binding set of obligations between Workers and Organisations for the purpose of interacting on the Platform, any Jobs, and any disputes.
   
   
3. USING THE PLATFORM AS A WORKER, INCLUDING TEACHERS
   
   a) To browse for casual bookings or jobs as a Worker, you must register a Worker account (Worker Account).
   
   b) The additional terms in Annex A apply to all Workers.
   
   c) By using ClassCover Bookings, you represent and warrant that you meet the definition of being a Teacher.
   
   d) You may use ClassCover Jobs regardless of whether or not you are a Teacher.
   
   e) By registering an Account, you represent and warrant that you are a legitimate Worker and you are over the age of 18 years.
   
   f) When registering an Account (and using your Account) you will be asked to provide us with personal information (and potentially sensitive information) which we will deal with in the manner described in clause 6.
   
   g) You must provide true, accurate, current and complete information about yourself and any organisation which you represent, as prompted by the Platform.
   
   h) You are responsible for ensuring the security of your Account, including by safeguarding passwords and devices. You are responsible for the actions of any person who you allow, by act or omission, to access your Account. You must notify us promptly by e-mail to info@classcover.com.au if you suspect unauthorised use of your Account. Until you notify us, you remain responsible for such unauthorised use.
   
   i) We reserve the right to deactivate, suspend or modify your Account where we reasonably consider it necessary due to: (i) your breach or suspected breach of these terms; (ii) a security risk to the Platform or its Users; (iii) suspected fraud or misrepresentation; (iv) a requirement to comply with applicable law or a direction of a regulatory authority; (v) conduct that threatens the safety or wellbeing of Students or the integrity of the Platform; or (vi) non-payment of any applicable Fees. Except where immediate action is reasonably necessary to address an imminent safety, security or legal risk, we will provide you with prior written notice of our intention to deactivate or suspend your Account, the reasons for such action, and an opportunity to respond or remedy the relevant issue.
   
   
   
   2. CLASSCOVER BOOKINGS – CONNECTING SCHOOLS & TEACHERS
      
      a) ClassCover Bookings is used by Schools to find Teachers to perform casual relief teaching services.
      
      b) Schools access ClassCover Bookings by registering for a subscription (Bookings Subscription).
      
      c) The Bookings Subscription includes the details set out on the Platform, as amended from time to time, and remains active for the period for which the School pays the Subscription Fees as set out on the Platform.
      
      d) An Organisation may post a listing for a Casual Booking at any time, and any suitably qualified and skilled Teacher may respond, through the functionality in the Platform.
      
      e) An Organisation may, in its absolute discretion but subject to applicable laws, select any Worker to perform a Casual Booking. The Organisation is responsible for ensuring that it complies at all times with applicable laws when engaging a Worker to perform a Casual Booking, including anti-discrimination and employment laws.
      
      f) If a Worker and an Organisation agree to the terms of a Casual Booking as described in the listing for the Casual Booking, they may use the functionality on the Platform to agree to the Casual Booking
      
      g) Once a Casual Booking has been agreed:
      i) both the Organisation and the Worker must use its best endeavours to not cancel the Casual Booking; and
      ii) an Organisation must not award the Casual Booking to another Worker.
      
      h) If an Organisation or a Worker cancels a Casual Booking once agreed to, any terms respectively set out in Annex A or Annex B as applicable will apply. ClassCover reserves the right to terminate any User if ClassCover considers, in its discretion, that the User has cancelled a Casual Booking in a way that negatively impacts ClassCover’s reputation, the safety or wellbeing of Students, or is otherwise in breach of these terms.
      
      i) You agree to personally respond to inquiries about Jobs, whether received by you via SMS text message or otherwise, and not to use any third-party automated tools, programs or applications to provide automated responses on your behalf.
      
      j) If an Organisation needs or decides to cancel a Casual Booking, the Organisation must:
      i) ensure that the Worker is notified as soon as possible; and
      ii) with regard to the amount of notice given to the Worker, must comply with any requirements set forth by the relevant Department of Education and/or Fair Work Australia and any relevant modern award in relation to payment of casual Workers.
      
      k) The Organisation acknowledges and agrees that, in the interest of the community of the Platform, ClassCover may remove an Organisation from the Platform (and cancel its Account) if the Organisation cancels more than ten (10) agreed Casual Bookings within any thirty (30) day period, or otherwise demonstrates a pattern of cancellations that ClassCover reasonably determines is detrimental to the Platform community.
      
      
4. CLASSCOVER JOBS – CONNECTING ORGANISATIONS & WORKERS
   
   a) ClassCover Jobs is used by Organisations (including Schools) to advertise teaching or other permanent full-time or part-time jobs on the Platform, to be performed by Workers who may or may not be Teachers (as determined by the requirements of the Job).
   
   b) Organisations access ClassCover Jobs either as an ad hoc, pay-as-you-go (PAYG) service (PAYG Jobs) or under the subscription tier selected through the Platform (Jobs Subscription).
   
   c) The Jobs Subscription includes the details set out on the Platform, as amended from time to time, and will remain active for the period for which the School pays the Subscription Fees as set out on the Platform.
   
   
   
5. CLASSCOVER AND USER CONTENT
   
   a) All materials, imagery, content and information on the Platform, other than User Data (as defined in clause 6b), is owned by ClassCover (ClassCover Data). You are licensed to use the ClassCover Data for the sole purpose of viewing and using the Platform, and not for any other purpose.
   
   b) All materials, imagery, content and information (including personal information) that a User uploads to the Platform is owned by that User (User Data). By uploading or otherwise providing User Data, you grant ClassCover and its subcontractors a non-exclusive, royalty-free, worldwide, transferrable licence to use, reproduce, host, copy, transmit, display, and otherwise process your User Data to the extent necessary to:
   
   i) provide, operate, and improve the Platform;
   ii) provide support, security, and fraud prevention functions;
   iii) comply with applicable laws and enforce these terms; and
   iv) create aggregated or de-identified data sets, provided that such data does not identify any individual.
   
   c) You represent and warrant that you have all necessary rights, consents and authority to upload and permit the use of any User Data (including any personal information), and that such User Data does not infringe any third party rights or applicable laws.
   
   d) You acknowledge and agree that ClassCover will deal with User Data in accordance with our Privacy Policy.
   
   e) You acknowledge that all User Data, whether publicly posted or privately transmitted, is the sole responsibility of the owner of the User Data. This means that:
   
   i) you, and not ClassCover, are entirely responsible for ensuring that all User Data that you upload, save, store, otherwise transmit via or pass through the Platform is accurate, complete and not misleading;
   
   ii) ClassCover does not control the User Data posted via the Platform and, as such, does not guarantee the accuracy, integrity or quality of such User Data. you must evaluate, and bear all risks associated with, the use of any User Data, including any reliance on the accuracy, completeness, or usefulness of such User Data; and
   
   iii) ClassCover does not pre-screen User Data, but that ClassCover and its agents shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Data on the Platform.
   
   

7. PRIVACY
   
   a) We will abide by, and you agree to, our Privacy Policy which can be accessed on our Platform and may be updated from time to time by written notice to you.
   
   b) You agree that ClassCover may access, preserve, and disclose your User Data and Account information:
   
   i) to any subsidiary, affiliated companies or agent for the purpose of providing your User Data and Account information to you in an efficient manner;
   
   ii) for the purpose of properly administering your account in accordance with the standard operating procedures of ClassCover or its affiliated or subsidiary companies or agents; and
   
   iii) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:
   1. comply with legal process;
   2. enforce the Terms;
   3. respond to claims that any User Data and Account information violates the rights of third-parties;
   4. respond to your requests for customer service; or
   5. protect the rights, property, or personal safety of ClassCover, its users and the public.
   
   c) You acknowledge that ClassCover enters into partnerships with external organisations and companies who, on occasion will convey their messages or offerings (for commercial purposes or otherwise) in the form of advertisements via our communications, web, mobile or social media platforms.
   
   d) You acknowledge that the technical processing and transmission of the Platform, including your User Data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Such processing is an operational necessity for the provision of the Platform. If you request deletion of your Account or User Data in a manner that makes continued provision of the Platform to you impossible, ClassCover may suspend or close your Account, subject to any data retention obligations imposed by applicable law.
   
   e) We grant you the right to be deleted from the Platform. If you wish to be deleted from the Platform, you may contact us using the functionality on our Platform. We will use our best endeavours to action any such request within a reasonable timeframe as further set out in our Privacy Policy.
   
   

8. PROHIBITED USE OF THE PLATFORM
   
   a) You acknowledge and agree that you must not use the Platform to:
   
   i) upload, post, or otherwise transmit any User Data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, breaches privacy or data protection laws or infringes the rights of any individual (including in relation to personal information), hateful, or racially, ethnically or otherwise objectionable;
   
   ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Data transmitted through Platform;
   
   iii) upload, post, or otherwise transmit any User Data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   
   iv) upload, post or otherwise transmit any User Data that infringes any, trademark, copyright or other proprietary rights of any party;
   
   v) upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
   
   vi) upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   
   vii) interfere with or disrupt Platform or servers or networks connected to Platform, or disobey any requirements, procedures, policies or regulations of networks connected to Platform;
   
   viii) intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange.
   
   b) Recognising the global nature of the internet, you agree to comply with all local laws and rules regarding online conduct and acceptable User Data. Specifically, you agree to comply with all applicable laws regarding the transmission of data in Australia.
   
   

9. LICENCE & INTELLECTUAL PROPERTY
   
   a) While ever you continue you to meet your obligations under this agreement (as a Worker or Organisation, as applicable), we grant to you a non-exclusive, non-transferable, revocable licence to use the Platform.
   
   b) You acknowledge and agree that the Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content contained in any advertisements or information presented to you through the Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, lease, rent, loan, sell, distribute or create derivative works based on the Platform, in whole or in part.
   
   c) Other than for the limited licence provided for above, you agree that all right, title and interest in and to the Platform and ClassCover Data (including all intellectual property rights) remain solely with ClassCover and no additional User shall acquire any proprietary or other interest or rights in or to the Platform or ClassCover Data by virtue of these terms or use of the Platform.
   
   d) You agree that you will not:
   
   i) copy the whole or any part of the Platform;
   
   ii) modify, merge, integrate or combine the whole or any part of the Platform or system with any other software, program or application without ClassCover’s express written permission;
   
   iii) assign, transfer, distribute, sell, lease, rent, sub-licence, charge or otherwise deal in or encumber the Platform;
   
   iv) adapt, translate, reverse engineer, decompile or disassemble the whole or any part of the Platform;
   
   v) use any third party automated tools, hacks, scripts, programs or applications that are designed to modify or interfere with the Platform, intercepts communication from the Platform, interacts with in any way, for any purpose.
   
   

10. DISCLAIMERS
    
    a) Third party services and links: ClassCover may provide, or third parties may provide, links to third party sites or resources. Because ClassCover has no control over such sites and resources, you acknowledge and agree that ClassCover is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ClassCover shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such User Data, content, goods or services available on or through any such site or resource.
    
    b) Use your best judgment: Your use of the Platform is at your sole risk. The Platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law (and subject to clause 10(f) below), ClassCover expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right. You acknowledge that by using Platform, to the maximum extent permitted by applicable law, under no circumstances will ClassCover be liable in any way for any User Data or other content available on or through the Platform, including, but not limited to, any errors or omissions in any User Data or other content, or for any loss or damage of any kind incurred as a result of the use of any User Data or other content posted, otherwise transmitted via or passed through Platform.
    
    c) No service warranty: ClassCover makes no warranty or representation that (i) the Platform will meet your requirements or will provide work or personnel to perform work for any particular Job or Casual Booking, (ii) the Platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Platform will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through ClassCover will meet your expectations, or (v) any errors in the software underlying the Platform will be corrected.
    
    d) Device damage: Any material downloaded or otherwise obtained through the use of Platform is done at your own discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
    
    e) Limitation of liability: You expressly acknowledge and agree that, to the maximum extent permitted by applicable law and subject to clause 10(f), ClassCover will not be liable (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, revenue, business, contract, goodwill, use, data or anticipated benefit or saving, any delay, financing costs or increase in operating costs or other intangible losses (even if ClassCover has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Platform; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through the Platform; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party; or (v) any other matter relating to the Platform or ClassCover. Otherwise, your sole right and exclusive remedy and our exclusive aggregate liability in the event of any material breach of these terms by ClassCover, is limited to the amount you have actually paid to ClassCover for the Platform in the previous 12 months from the date of the claim. To the extent that the Australian Consumer Law applies and ClassCover’s liability cannot be excluded, ClassCover’s liability for a failure to comply with a consumer guarantee is limited (at ClassCover’s election) to the re-supply of the services or payment of the cost of having the services re-supplied.
    
    f) Australian Consumer Law: Nothing in these terms is intended to exclude or displace any guarantees or warranties provided to you as a consumer under the Australian Consumer Law or any other right or remedy that you may have under any other applicable law that cannot be excluded, restricted or modified by agreement.
    
    
11. ISSUES AND DISPUTES
    
    a) Any issues or disputes about a Job or Student is an issue between the Worker and the Organisation. The parties acknowledge and agree that ClassCover will not be a party to any such issues or disputes, and both parties respectively and independently from each other indemnify ClassCover in relation to any issues or disputes about a Job or Student.
    
    b) If you encounter any issues with the Platform, please contact us through the functionality on our Platform. We will endeavour to resolve your issue within 5 weekdays. If we are unable to resolve your issue, your rights and our liability is limited in accordance with clause 10.
    
    c) All Users agree to refrain from initiating formal legal proceedings until any issue that cannot be resolved day to day has been discussed at mediation and the parties have made a genuine effort at resolving the issue in good faith.
    
    d) These terms are to be interpreted in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of New South Wales.

ANNEX A – ADDITIONAL TERMS FOR WORKERS

A1. SERVICE CHARGES

a) As at the date of these terms, ClassCover does not charge a fee to Workers to hold an Account, make Casual Bookings or apply for Jobs. However, ClassCover reserves the right to introduce fees for any particular part of the service by written notice to Workers.

b) If ClassCover introduces fees for Workers, the Worker will be able to choose whether or not to accept the fee. If the Worker rejects the fee, the Worker will no longer receive the applicable part of the service.

A2. MAINTAINING AVAILABILITY STATUS & CANCELLATIONS

a) The enjoyment of all Users of the Platform relies on Workers maintaining an accurate availability calendar on their Account.

b) Workers are responsible for ensuring that their availability is up to date.

c) If an Organisation books a Worker for a Casual Booking, and the Worker is not available despite their Account showing them as available, the Worker must promptly notify the Organisation that they cannot perform the Casual Booking.

A3. PERFORMANCE OF SERVICES

a) As a Worker, you must ensure that you perform all Casual Bookings and Jobs:

i) in a professional, competent and diligent manner;

ii) in accordance with all policies and lawful directions of the Organisation; and

iii) in accordance with appropriate child safety and protection practices and laws.

b) You acknowledge that, given time is often of the essence in filling a Job, it is important for the education, wellbeing and safety of Students that you do not cancel a Job once you have agreed to perform it.

c) While ever you hold an Account on the Platform, you must maintain, at your own expense, a valid working with children check (or equivalent) in the jurisdiction in which you reside or intend to perform Jobs.

d) You indemnify ClassCover and any relevant Organisations for any claims or proceedings brought by any Student in relation to your acts or omissions in engaging with a Student or performing a Job, including where such acts or omission results in physical or psychological harm, temporary or permanent injury or death.

A4. TERMINATION OF WORKER ACCOUNT

a) You may deactivate your Account at any time. However, deactivating your Account will hibernate your Account unless and until you want to reactivate your Account. We will continue to store your data in accordance with our Privacy Policy.

b) If you deactivate your Account, these terms will be terminated except to the extent that a clause by its nature ought to survive termination.

ANNEX B – ADDITIONAL TERMS FOR ORGANISATIONS

B1. VERIFICATION OF WORKERS

a) The Organisation acknowledges and agrees that it is responsible for verifying the credentials, licences, checks and clearances of the Worker being hired for a Job.

b) ClassCover will have no liability for, and the Organisation indemnifies ClassCover against, any claim by any third party (including any Student) relating to a Worker performing a Job without sufficient credentials, licences, checks or clearances.

B2. TREATMENT OF WORKERS

a) The Organisation must ensure that it treats all Workers with respect, without harassment or discrimination, and in accordance with all applicable laws and regulations.

b) The Organisation is solely responsible for ensuring that it does not allow any of its personnel or Students to mistreat, injure or harm any Worker.

c) The Organisation indemnifies ClassCover for any claim or proceedings brought by any Worker in relation to the Organisation’s acts or omission in connection with a Worker’s performance of a Casual Booking or a Job.

B3. PAYMENT OF WORKERS

a) The Organisation must ensure that all Workers who perform Casual Bookings or Jobs are paid the amount agreed between them and as otherwise required by the relevant Department of Education and in accordance with the Fair Work Act and any applicable award as amended from time to time, including all wages, superannuation, leave entitlements and insurance cover as applicable.

b) The Organisation is solely responsible for submitting all relevant documents and following all relevant protocols and procedures for ensuring the Worker is paid.

c) ClassCover will not assist with any aspect of paying Workers, and the Organisation indemnifies ClassCover for any claim or proceedings brought by any Worker in relation to the Organisation’s acts or omission in connection with paying a Worker.

B5. FEES

a) The Organisation must pay the amounts agreed to when registering for ClassCover Jobs and / or ClassCover Bookings, as applicable and as set out on our Platform (Fees). If the Fees are for a Subscription, the Fees are payable annually in advance.

b) The Fees will apply after any free trial provided as per any terms on the Platform, if the Organisation wishes to maintain access to its Account after the applicable free trial period (if any).

c) The Subscription Fee entitles the Organisation access to the relevant Platform features included in the Subscription for the period set out on the Platform (Subscription Period).

d) The Organisation may notify ClassCover no less than ten days prior to the expiry of the Subscription Period if the Organisation does not want the Subscription Period to renew.

e) If the Organisation does not provide such notice, ClassCover will issue a notice to the Organisation to pay the Subscription Fee for the following annual Subscription Period.

f) If the Organisation fails to pay the Subscription Fee for the following Subscription Period prior to the commencement of that following Subscription Period, the Organisation’s access to all applicable Subscription features will be suspended.

g) If the Organisation pays the Subscription Fee for any subsequent Subscription Periods, these terms (as amended from time to time) will continue to apply to the renewal Subscription periods.

B6. REFUNDS

a) The Organisation acknowledges and agrees that the Fees are non-refundable, unless otherwise required under the Australian Consumer Law.

b) ClassCover does not provide refunds for change of mind.

c) The Organisation agrees that the refund policy set out in this clause B6 is reasonable and necessary to protect ClassCover’s legitimate business interests.

d) If there is a failure with the Platform, the Organisation may be entitled to certain rights and remedies under the Australian Consumer Law which cannot be excluded. The Organisation acknowledges and agrees that an Organisation’s failure to find a Worker for a Job or Casual Booking will not constitute a failure of the Platform.