Terms And Conditions
Last updated 20 March 2023.
Welcome to ClassCover, the marketplace Platform for Teachers and Schools.
These terms are structured in three parts:
- first, the terms applying to all Users (Section A),
- followed by a section of specific terms for Teachers (Section B), and
- then a section of specific terms for Schools (Section C).
In these terms, “we”, “our” or “us” means Class Cover Pty Ltd ACN 11 153 495 268, and “you” or “your”, means any User of the Platform.
You must not continue to use this Platform, or register an Account, 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.
A. GENERAL TERMS FOR ALL USERS
A1. DEFINITIONS
In these terms, the following words and phrases have the following meaning:
a) Account: your individual profile on the ClassCover Platform, and all associated data and Content.
b) Content: has the meaning given in clause 1a).
c) Job: any teaching activity required by a School and posted on the Platform, which may be or is performed by a Teacher.
d) 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.
e) School: any user that is an educational institution.
f) Student: any person who is enrolled in a class for which the Teacher performs a Job.
g) Teacher: any user that is qualified and licensed to perform the requirements of a Job.
h) User: a person who registers an Account as either a Teacher or a School.
A2. RELATIONSHIP OF PARTIES
a) You acknowledge and agree that ClassCover provides an introductory service as a passive conduit to facilitating the relationship between Schools and Teachers, through providing the Platform.
b) You acknowledge and agree that ClassCover is in no way party to any relationship formed between a Teacher and a School 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 Teachers and Schools, will form a binding set of obligations between Teachers and Schools for the purpose of interacting on the Platform, any Jobs, and any disputes.
A3. PROCESS FOR USING THE PLATFORM
A3.1 REGISTERING A USER ACCOUNT
a) To access most of the functionality of the Platform, you must register an Account on the Platform as either a Teacher or a School.
b) By registering an Account, you represent and warrant that you are a legitimate Teacher or School and you are over the age of 18 years.
c) 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 A4.
d) You must provide true, accurate, current and complete information about yourself and any organisation which you represent, as prompted by the Platform.
e) 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
f) We reserve the right to deactivate or modify your Account for any reason we in our absolute discretion deem necessary.
A3.2 POSTING AND RESPONDING TO JOBS
a) A School may post a Job at any time, and any Teacher may respond, through the functionality in the Platform.
b) A School may, in its absolute discretion, select any Teacher to perform a Job. No Teacher will have any claim against any School for failing to award a Job to a Teacher.
c) If a Teacher and a School agree to the terms of a Job as described in the listing for the Job, they may use the functionality on the Platform to agree to the Job.
d) Once a Job has been agreed:
i) both the School and the Teacher must use its best endeavours to not cancel the Job; and
ii) a School must not award the Job to another Teacher.
e) If a School or a Teacher cancels a Job once agreed to, any terms respectively set out in Section B or Section C as applicable will apply. ClassCover reserves the right to terminate any User if ClassCover considers, in its discretion, that the User has cancelled a Job or Jobs in a way that negatively impacts ClassCover’s reputation, the safety or wellbeing of Students, or is otherwise in breach of these terms.
f) 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.
A3.3 MUTUAL PROMOTION
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.
A4. USER CONTENT
A4.1 CONTENT ON THE PLATFORM
a) 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 Platform. ClassCover does not control the Content posted via Platform and, as such, does not guarantee the accuracy, integrity or quality of such Content.
b) You acknowledge and agree that you must not use the Platform 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 Platform;
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 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.
c) 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 data in Australia.
A4.2 RELIANCE ON CONTENT
a) 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 Platform.
b) 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 Platform.
A4.3 PRIVACY AND WHAT WE DO WITH YOUR CONTENT
a) We will abide by, and you agree to, our Privacy Policy which can be accessed on our website and may be updated from time to time by written notice to you.
b) You agree that ClassCover may access, preserve, and disclose your Account information and Content:
i) to any subsidiary, affiliated companies or agent for the purpose of providing the Content 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:
- comply with legal process;
- enforce the Terms;
- respond to claims that any Content violates the rights of third-parties;
- respond to your requests for customer service; or
- 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 Platform, 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 Platform if you withdraw your consent in this paragraph at any time.
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 website. We will use our best endeavours to action any such request within a reasonable timeframe.
A5. LICENCE & INTELLECTUAL PROPERTY
a) While ever you continue you to meet your obligations under this agreement (as a Teacher or School, 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 you or any Additional User shall have no proprietary or other interest or rights to or in 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.
A6. 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 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. Platform 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. You acknowledge that by using Platform, 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 Platform.
c) No service warranty: Except to the extent set out in clause f), ClassCover makes no warranty or representation that (i) Platform will meet your requirements, (ii) Platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of 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, and (v) any errors in the software 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 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 6 months from the date of termination.
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.
A7. ISSUES AND DISPUTES
a) Any issues or disputes about a Job or Student is an issue between the Teacher and the School. 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 website. 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 A6.
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.
B. TERMS FOR TEACHERS
B1. FREE SERVICE
a) ClassCover does not charge a fee to Teachers to hold an Account, book Jobs or otherwise use the Platform.
b) ClassCover may, in its discretion, notify Teachers by issuing an update to these terms to apply a fee to Teachers. If that occurs, Teachers will be able to choose whether or not to accept the fee and continue holding their Account.
B2. MAINTAINING AVAILABILITY STATUS & CANCELLATIONS
a) The enjoyment of all Users of the Platform relies on Teachers maintaining an accurate availability calendar on their Account.
b) Teachers are responsible for ensuring that their availability is up to date.
c) If a School books a Teacher for a Job, and the Teacher is not available despite their Account showing them as available, the Teacher must promptly notify the School that they cannot perform the Job.
B3. PERFORMANCE OF SERVICES
a) As a Teacher, you must ensure that you perform all Jobs:
i) in a professional, competent and diligent manner;
ii) in accordance with all policies and lawful directions of the School; 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 Schools 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.
B4. TERMINATION OF TEACHER ACCOUNT
a) You may deactivate your Account at any time. Once you deactivate your Account, all data associated with your Account, unless otherwise required by law, will be deleted and no longer accessible by you.
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.
C. TERMS FOR SCHOOLS
C1. CANCELLING A JOB
a) If a School needs or decides to cancel a Job once agreed with a school in accordance with clause 2c), the School must:
i) ensure that the Teacher is notified as soon as possible; and
ii) with regard to the amount of notice given to the Teacher, 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 teachers.
b) The School acknowledges and agrees that, in the interest of the community of the Platform, ClassCover may remove a School from the Platform (and cancel its Account) if it cancels what ClassCover determines in its discretion to be an unreasonable number of Jobs.
C2. VERIFICATION OF TEACHERS
a) The School acknowledges and agrees that it is responsible for verifying the credentials, licences, checks and clearances of the Teacher being hired for a Job.
b) ClassCover will have no liability for, and the School indemnifies ClassCover against, any claim by any third party (including any Student) relating to a Teacher performing a Job without sufficient credentials, licences, checks or clearances.
C3. TREATMENT OF TEACHERS
a) The School must ensure that it treats all Teachers with respect, without harassment or discrimination, and in accordance with all applicable laws and regulations.
b) The School is solely responsible for ensuring that it does not allow any of its personnel or Students to mistreat, injure or harm any Teacher.
c) The School indemnifies ClassCover for any claim or proceedings brought by any Teacher in relation to the School’s acts or omission in connection with a Teacher’s performance of a Job.
C4. PAYMENT OF TEACHERS
a) The School must ensure that all Teachers who perform 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.
b) The School is solely responsible for submitting all relevant documents and following all relevant protocols and procedures for ensuring the Teacher is paid.
c) ClassCover will not assist with any aspect of paying Teachers for Jobs, and the School indemnifies ClassCover for any claim or proceedings brought by any Teacher in relation to the School’s acts or omission in connection with paying a Teacher for a Job.
C5. FEES & REFUNDS
C5.1 FREE TRIAL
ClassCover offers Schools a 30-day free trial period, during which you may cancel your Account with a full refund of the Subscription Fee.
C5.2 ANNUAL SUBSCRIPTION PERIOD & FEES
a) After the free trial period, if the School wishes to maintain access to its Account, the School must pay the annual fee set out on our Platform (Subscription Fee).
b) The School’s payment of the Subscription Fee entitles the School to access to its Account for one year (Subscription Period).
c) The School may notify ClassCover no less than ten days prior to the expiry of the Subscription Period that it does not wish to renew its subscription.
d) If the School does not provide such notice, ClassCover will issue a notice to the School to pay the Subscription Fee for the following annual Subscription Period.
e) If the School fails to pay the Subscription Fee for the following Subscription Period prior to the commencement of that following Subscription Period, the School’s Account will be suspended with data held for 60 days, after which time, to the extent permitted by law, all data will be deleted.
f) If the School pays the Subscription Fee for any subsequent Subscription Periods, these terms will continue to apply.
C5.3 REFUNDS
a) The School acknowledges and agrees that, after the free trial period:
i) the Subscription Fee is payable in exchange for access to the Platform and is non-refundable; and
ii) ClassCover does not offer (and is not obliged to provide) refunds for change of mind, including where the School does not book any Jobs through the Platform.
b) If there is a failure with the Platform, the School may be entitled to certain rights and remedies under the Australian Consumer Law which cannot be excluded