Terms And Conditions
Disclaimer
With respect to the information available on this website, ClassCover and the Relief Teacher Association expressly excludes any representation or warranty (express or implied) to the fullest extent possible. ClassCover and the Relief Teacher Association makes no representations about the materials in this website or any sites linked from this website.
Terms and Conditions relating to the use of ClassCover’s and the Relief Teacher Association’s (referred to for the purposes of the below as “ClassCover”, “us”, “we”, “our”) services, including any software incorporated in such services (“ClassCover Services”).These terms and conditions apply to the use of this website (www.classcover.com.au), including the subscription to services over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this website. These terms and conditions must be read in conjunction with any other applicable agreements governing the provision of services delivered to you by ClassCover.
1. Agreement Introduction
This agreement is between ClassCover Pty Ltd and you (‘you’ in this document means either (a) the school/organisation (including sports coaching companies, recruitment agencies etc) that have provided their information to ClassCover via a ‘School’ profile and therefore all associated staff or, (b) the casual teacher (“Casual Relief Teachers”), unless stated to specifically refer to just one of these parties. The following terms and conditions (‘the Terms’) govern the provision and your use of ClassCover Services. These Terms, together with any operating rules, policies, pricing, or other documents expressly incorporated herein by reference and published from time to time by ClassCover (collectively, the ‘Agreement’), constitutes the entire agreement between ClassCover and you regarding ClassCover Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Please read the Terms carefully before signing up for ClassCover Services. You accept the Terms by confirming the sign up process in the ‘Final Step: Select Payment Options’ and clicking ‘Complete Sign Up’ or by creating your profile as a casual teacher.
2. User Conduct
You acknowledge that all information, data, text, messages and other materials (‘Content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not ClassCover, are entirely responsible for all Content that you upload, save, store, otherwise transmit via or pass through ClassCover Services. ClassCover does not control the Content posted via ClassCover Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using ClassCover Services, under no circumstances will ClassCover be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, otherwise transmitted via or passed through ClassCover Services.
You agree to not use ClassCover Services to:
i. upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through ClassCover Services;
iii. upload, post, or otherwise transmit any Content 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 Content that infringes any, trademark, copyright or other proprietary rights (“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. iupload, 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 ClassCover Services or servers or networks connected to ClassCover Services, or disobey any requirements, procedures, policies or regulations of networks connected to ClassCover Services;
viii. . intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange.
You acknowledge that ClassCover does not pre-screen Content, but that ClassCover and its agents shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via ClassCover Services. Without limiting the foregoing, ClassCover and its agents shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ClassCover or submitted to ClassCover in any and all parts of ClassCover Services.
You agree that ClassCover may access, preserve, and disclose your account information and Content: (a) to any subsidiary, affiliated companies or agent for the purpose of providing the Content to you in an efficient manner; (b) 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 (c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of ClassCover, its users and the public.
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.
You acknowledge that the technical processing and transmission of ClassCover Services, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. ClassCover reserves the right to terminate your access to some or all parts of ClassCover Services if you withdraw your consent in this paragraph at any time.
Casual Relief Teachers acknowledge that:
If they have clicked ‘Yes’ to ‘Profile Viewable To Every School?’, this means that all organisations that have a ClassCover profile (which includes but is not limited to bodies such as recruitment agencies, sports coaching companies etc, but does not mean other casual teachers), will be able to search for and view the individual details of their profile and hence contact them for work directly by their personal contact details or invite them to be attached to their profile.
NB: Casual Relief Teachers of course reserve the right to not accept their invitation or can simply deregister if needs be as well.
3. Disclaimer or Warranties
You expressly acknowledge and agree that:
Your use of ClassCover Services is at your sole risk. ClassCover Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, 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.
ClassCover makes no warranty or representation that (i) ClassCover Services will meet your requirements, (ii) ClassCover Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of ClassCover Services 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, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of ClassCover Services 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.
No advice or information, whether oral or written, obtained by you from ClassCover or through or from ClassCover Services shall create any warranty or other obligation not expressly stated in these Terms.
4. Term and Termination
In the event that you wish to terminate the Subscription, subject to these Terms, you must provide ClassCover notice in writing at least 30 days before the date you would like the subscription to end (“the Termination Notice Period”). The Subscription shall terminate at the end of the Termination Notice Period and you acknowledge that your account will be suspended and you will be prevented from accessing it after the Termination Notice Period has lapsed.
In addition, ClassCover may withdraw ClassCover Services or you may require that ClassCover cease to provide the ClassCover Services if:
i. Either you or ClassCover commits any material breach of the Terms and fails to remedy such breach within thirty (30) days after receipt of written notice of the same except in the case of failure to pay in which case the period is seven (7) days;
ii. Any party becomes or is deemed insolvent, ceases to trade or has a liquidator, receiver, manager, administrator or administrative receiver or similar office appointed in respect of the whole or part of its business or enters into any arrangement or composition with its creditors or is wound up otherwise than for the purpose of a solvent amalgamation or reconstruction where the resulting entity assumed all of its obligations, or is unable to pay its debts as they fall due within the Bankruptcy Act 1966, or undergoes a similar or analogous event in any jurisdiction.
5. Your Local Laws and International Use
Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in Australia.
6. Access to the World Wide Web
In order to use ClassCover Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees and roaming fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer, modem, router or other access device.
Schools, you are permitted to add further users to your account within the Profile area within ClassCover (“Additional Users”).
Access to ClassCover Services will be provided to you and the Additional Users, once you have accepted the Terms and completed the sign up process. Your use and that of the Additional Users of ClassCover Services in any manner, which is prohibited by these Terms, may result in termination or deactivation of ClassCover Services to you and your Additional Users. You and any Additional Users are responsible for maintaining the confidentiality of the account login details including all usernames and passwords, and are fully responsible for all activities that occur within your sign up /account.
We reserve the right to deactivate, terminate, or modify, for any or no reason, any username and or password provided to you, or that you have provided, for use with ClassCover Services.
ClassCover support can be contacted by email via support@classcover.com.au.
7. Deactivations
ClassCover reserves the right to deactivate your account or that of an Additional User and suspend your use of ClassCover Services and that of any Additional User whether individually or collectively at any time and for any length of time that ClassCover deems fit. An account which has been deactivated will only be reactivated at the discretion of ClassCover.
ClassCover reserves the right to remove Casual Relief Teachers’ profiles from ClassCover Services and cancel bookings if a Casual Relief Teacher has been flagged to be under investigation by ClassCover, an entity that is in partnership with ClassCover or by a law enforcement authority.
8. Your Responsibilities
You unconditionally agree:
i. To provide true, accurate, current and complete information about yourself and Additional Users as prompted by the sign up form;
ii. To maintain and promptly update the profile to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ClassCover has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ClassCover has the right to suspend or terminate your account and refuse any and all current or future use of ClassCover Services (or any portion thereof);
iii. To notify us promptly by e-mail to info@classcover.com.au if you suspect unauthorised use of ClassCover Services. Until you notify us, you remain responsible for such unauthorised use;
iv. To provide accurate and complete sign up information (including, but not limited to, your name, address, e-mail address, phone number) and to promptly report any changes in such information to us;
v. That you are responsible for providing and maintaining all computer equipment and software necessary for you to access ClassCover Services;
vi. Not to resell, remarket, or otherwise redistribute any portion of ClassCover Services;
vii. To comply with all applicable laws, regulations, or conventions, including, but not limited to, those related to child pornography, gambling or gaming, obscenity, securities, intellectual property rights, data privacy, import/export of data, or misleading or deceptive conduct;
viii. That you shall be responsible for all activities of the Additional Users relating to their use or misuse of their account on ClassCover Services;
ix. That you will ensure all Additional Users are fully informed and made aware of all Terms including any restrictions placed upon your use and their use of ClassCover Services herein.
x. That you understand and acknowledge that the ClassCover Services system relies on teachers maintaining accurate availability via their ClassCover Services profile. As a shield against users making themselves permanently ‘available’ and never returning to update (to the detriment of the school user), the ClassCover Services system asks that users login once per 30 days and acknowledge their availability is correct or that they make appropriate changes. Failing to confirm availability once every 30 days results in all ‘available’ days in the forward 30 being changed to ‘not indicated’. This does not prevent the teacher from being employed.
xi. To personally respond to inquiries and fulfil requests for work, whether received by you via SMS text message or otherwise, and not to use any third-party automated tools, programs or applications that are not expressly authorised by ClassCover, to provide automated responses on your behalf.
You warrant that by registering for and continuing to use ClassCover Services that you are of legal age and capacity.
* In addition to ‘8.ii’, Casual Relief Teachers acknowledge that it is their responsibility to ensure their availability is always up to date. Specifically, if a Casual Relief Teacher has days marked as ‘Available’ within the coming 30 days, they are required to login (via a computer, smartphone or by sending an SMS to update) at least once within the next 30 days to confirm this availability is up to date. If they fail to do so, the ClassCover system will automatically change any future date (within the next 30 days), back to being ‘Not Indicated’ (or what the schools see as being ‘HI’ – Hasn’t Indicated’). Casual Relief Teachers will then need to login and update their availability once more.
NB: All future ‘Unavailable’ or ‘Booked’ days will remain as is and teachers can still be booked when their status is ‘Not Indicated’, however, they will appear below the ‘Available’ teachers on their school’s list.
xii. ClassCover reserves the right to de-register teacher profiles that are detected to have inactivity and/or no bookings for three (3) months or longer.
9. Licence and Intellectual Property Rights
You are granted a non-exclusive, non-transferable, revocable licence with effect from your acceptance of the Terms to use ClassCover Services (including any software incorporated in ClassCover Services).
You acknowledge and agree that ClassCover Services contain 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 ClassCover Services 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 ClassCover Services, in whole or in part.
Other than for the limited licence provided for above, you agree that you or any Additional User shall have no proprietary or other interest or rights to or in ClassCover Services.
You agree that you will not:
i. Copy the whole or any part of the Software or system;
ii. Modify, merge, integrate or combine the whole or any part of the Software 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 ClassCover Services;
iv. Adapt, translate, reverse engineer, decompile or disassemble the whole or any part of the ClassCover Services;
v. use any third party automated tools, hacks, scripts, programs or applications that are designed to modify or interfere with the Service and/or Software, intercepts communication from the Service and/or Software, interacts with in any way, for any purpose, the Service and/or Software or otherwise sends or transmits data to the Service and/or Software by any communication means (including, but not limited to SMS text message), that is not expressly authorised by ClassCover;
vi. use any automated response tool, program or application to access or use the Service and/or Software for any purpose, including but not limited to sending automated responses on your behalf, without ClassCover’s express written permission.
10. Indemnity
You agree to defend, indemnify and hold us, our affiliates, contractors, service providers, employees, agents harmless from and against any and all liabilities, cost and expenses, including reasonable legal fees related to or arising from, any breach by you or any Additional User of the Terms, failure by you or any Additional User to perform your obligations, your or the Additional Users’ use of ClassCover Services.
11. Links to other sites
ClassCover Services may provide, or third parties may provide, links to other World Wide Web 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 Content, goods or services available on or through any such site or resource.
12. Termly Fees & Payments
Casual Relief Teacher account holders
ClassCover offers all of the features which are listed here: http://www.classcover.com.au/features.
Casual Relief Teacher account holders have free access to ClassCover and therefore are not bound by the Termly Fees & Payments as set out below for School account holders that pay and have access based on a subscription arrangement.
These only come into effect for those Casual Relief Teachers that have upgraded their profile to the Relief Teacher Association and hence are bound by the associated fee payments.
Relief Teacher Association Members Refund Policy
The Relief Teacher Association is an optional, paid upgrade that teachers can access in order to participate in Professional Development opportunities, access resources, job opportunities and a variety of related features.
Membership is paid on an annual basis and refunds for change of mind are not granted.
Those wishing to cancel their automatic renewal can do so via the ‘My Account’ section.
Following cancellation, a customer remains a member of the Relief Teacher Association until the expiry date of their most recent payment is reached.
No refund can be made for early cancellation of the Relief Teacher Association membership and any payments made for membership are non-refundable.
School account holders
ClassCover offers all of the features which are listed here: http://www.classcover.com.au/features.
ClassCover recommends using the free period first by way of a trial. You will be considered to have had adequate opportunity to evaluate the type of Service before the end of your free period.
Once you have completed your sign up to ‘ClassCover’, and if you have provided valid payment information, your account will automatically be established on the ClassCover service (‘the Subscription’) whereby on a termly basis, your account will be charged a fee for use on your account for all or part of any day during that month. Particulars of the fee can be found at http://www.classcover.com.au/pricing and have also been agreed upon on sign up based on the number on students at the school.
The Class Cover fee (the ‘Annual Fee”) will be payable in advance by credit card, cheque or EFT, for the future months service. Such sums are expressed to be inclusive of GST. The total non-refundable Annual Fee will be collected on or around the same time each term, normally within the first week.
Details of the Annual Fee due will be emailed to the school at the start of the 12 month period and will become due for collection 14 days after they have been issued and billing details are viewable “Options > My Profile” section of your account.
Class Cover shall be permitted to take payment of the Fee, if via credit card at any stage within the 14 days after the issue of the invoice.
You will be permitted 14 days from the date of the invoice to notify ClassCover of any disputes you have relating to any charge in the invoice. ClassCover shall use reasonable endeavours to resolve disputed fees before collecting a disputed fee. In the event that any dispute is not fully resolved, ClassCover will flag as “under query” any unresolved invoice that remains in dispute (“under query”). Any invoice that is not flagged as “under query” (“Disputed Invoice”), will become due forthwith and payment taken by ClassCover in accordance with this clause.
ClassCover will investigate the Disputed Invoice and will notify you of a decision within 14 days of the dispute being raised. You acknowledge that the decision shall be final and binding on you and it shall not be disputed.
If we do not receive payment from the account in query or their bank, you agree to pay us all amounts due upon demand.
Commercially reasonable actions to validate your credit details (if the selected payment method) will be taken. Invoices to be paid by EFT will require payment by return and should be paid directly to our bank (details on invoice), quoting the invoice number as the payment reference. Payments by cheque will be due for return no later than 14 days from issue of invoice.
If for any reason your credit information cannot be validated or the transaction is prevented from occurring Class Cover will make all reasonable endeavours to make you aware of this. If, following these endeavours, no effort is made to remedy the situation by you and the transaction remains outstanding for longer than 7 days ClassCover reserves the right to terminate or deactivate the account at this time.
13. Limitation of Liability
Notwithstanding any other provision of the Terms or the Agreement, you expressly acknowledge and agree that ClassCover shall not be liable liability (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 ClassCover Services; (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 or from ClassCover Services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on ClassCover; or (v) any other matter relating to ClassCover.
Otherwise, your sole right and exclusive remedy and our exclusive liability in the event of any material breach of the Terms by ClassCover, is to require the cessation of ClassCover Services as provided in Clause ‘Term and Termination’ and to recover your direct damages up to a maximum of the amount you have actually paid to ClassCover for ClassCover in the previous 6 months from the date of termination.
Nothing in the Terms shall exclude or limit either party’s liability for death or personal injury arising from its negligence or that of its servants, agents or employees.
14. Privacy Policy
We undertake to comply with the terms of our privacy policy, the current version of which can be viewed at https://www.classcover.com.au/privacy-policy/.
15. Notices
Notices to you may be made via either email or regular mail. The ClassCover Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on ClassCover Services.
You should send all written notices relating to the ClassCover Services either to the following address:
ClassCover Pty Ltd
Suite 2, Level 15, 189 Kent St
Sydney, NSW 2000
Australia
or by email to info@classcover.com.au
You acknowledge that you are responsible for ensuring that any notices you send to ClassCover are received by ClassCover. If any time limits apply to the period of notice under the Terms you are responsible for meeting such time limits.
16. Changes to ClassCover
The Terms may be changed (including any reasonable change to the Annual Fee or any other fees (as defined below) for use of ClassCover Services) at any time provided that any change to the fees will only take effect 30 days after the date of notification
Any changes to ClassCover will be notified to you by e-mail to the address you provided to Class Cover on sign up to the ClassCover Services.
17. General
Your use of ClassCover Services after the effective date of a change of the Terms constitutes your continued acceptance of the Terms and ClassCover Services, as amended.
If any provision of these Terms is determined to be invalid, all other provisions remain in force.
18. Governing Law
These Terms will be governed by the laws of New South Wales, Australia and disputes relating to them will be submitted to the exclusive jurisdiction of the courts of New South Wales, Australia.
ClassCover Terms and Conditions – As at 25 October 2018