Terms and Conditions

This website (referred to in these Terms and Conditions as the Website) is owned and operated by airTeachr Pty Ltd, who is referred to in these Terms and Conditions as “we”, “us”, “our.” The words “you”, “your” and “user” means either casual relief teachers, subscription holders, users of the Website, profile holders, education providers, registered education institutes, academies and training centres who have accessed the Website. Words in the singular includes the plural, and the plural includes the singular.

The material on the Website is copyright © 2022 airTeachr Pty Ltd or other copyright owners.

The Website is accessible for you to:

1. Access conditional on you accepting these terms and conditions;
2. Subscribe to our services; and
3. Upload material or information.

By continuing subscription to our services or access to the Website you acknowledge and agree to the Terms and Conditions below;

OPERATIVE PROVISIONS

1. Use of the Website material
   
   1. Your use
      
      1. But for use outlined in clause 1.1(b) you shall not use the Website or material therein contained to:
         
         1. Reproduce or distribute the material contained in the Website;
         2. Upload the Website material to another website.
      2. Despite the above restrictions on use of the material on the Website, by subscribing to one of our subscriptions we provide you a personal, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use our services.
      3. You must not copy, reproduce or publish the Website’s:
         
         1. layout; or
         2. software; and
         3. code.
      4. All intellectual property rights related to the Website, its material and services is reserved by us. The Website material is for personal use only and must not be re-sold or re-distributed in any form.
   2. Links to other Websites
      
      1. You acknowledge that links to sites that may appear on the Website that are operated by third parties are
         
         1. not under our control;
         2. provided only as a convenience to you;
         3. we are not responsible for material published on third party websites.
   3. Disclaimer
      
      1. The Website is accessible for users to publish information of which we do not warrant, guarantee or make representation as to its accuracy, truthfulness or reliability.
      2. We are not liable for any loss of profits, loss of income or damages of any kind whether purposely, negligently or maliciously as a result of:
         
         1. You acting or omitting to act on any information, service or product contained in or referred to by the Website or linked sites;
         2. The services being delays, disrupted, terminating or ending;
         3. Users publishing defamatory or offensive material on the Website; or
         4. User actions on the Website that amount to illegal conduct.
      3. You recognise and acknowledge that before engaging a user to provide teaching or training services, you are solely responsible for doing any necessary background checks, working with children’s checks and confirming the user’s licencing, certifications, or evidence of insurance.
      4. You acknowledge and accept that you alone are accountable for conducting your own analyses, judgments, and assessments when deciding on a suitable user to engage for their teaching or training services.
      5. You acknowledge and accept that you alone are accountable for conducting your own analyses, judgments, and assessments when deciding on a suitable user to engage for their teaching or training services.
   4. Further Disclaimer
      
      1. We disclaim all warranties and guarantees and make no representation that:
         
         1. the Website, its software, programming or server is free of software viruses;
         2. the software contained in the Website is reliable or free of defect or programming bugs; and
         3. the Website will be maintained from defects, programming bugs or cyber-attacks/intrusions.
      2. You agree and accept to pay the total cost of repair and maintenance of any kind related to your computer arising from your use or access of the Website.
   5. Limitation of liabilityShould clauses 1.3 or 1.4 not be permitted by law in your jurisdictions, to the full extent permitted by law where a breach alleged in relation to our services our liability is limited to suppling our services again.
   6. Personal information
      
      1. We and any person or legal body we authorise may collect your information including but not limited to your name, addresses, e-mail addresses, other personal information as well as your browsing information which:
         
         1. You provide upon accessing and using the Website; or
         2. We receive by of browsing files also referred to as “cookies” or JSON Web Tokens.
      2. The aforementioned information may be used by us and by third parties we allow to provide you with offers for goods and services.
   7. TerminationWe at our absolute discretion can terminate your access to the Website and any subscription you have with our services at any time without cause, reason or explanation.
   8. AmendmentsAt our absolute discretion we may amend these Terms and Conditions without notice to you and without cause, reason or explanation.
   9. Intellectual property rightsAll logos, icons, brand names or subscription names we use to identify us, our service, our business or the Website is copyright property or trademarks, which is not permitted to be used or published by you without our prior written permission failure of which shall amount to as unauthorised use, a violation of our copyright, trademark and other property rights.
   10. Severability and Jurisdiction
       
       1. In the event of any part of these Terms and Condition are or become void or unenforceable or illegal then that part shall be severed from this Terms and Conditions to the extent that all parts that shall not be or become void, unenforceable or illegal shall remain in full force and effect and be unaffected by such severance.
       2. These Terms and Conditions will be governed and interpreted by the laws of the state of Queensland, Australia.
       3. Should a dispute arise related to these Terms and Conditions, you agree to be exclusively bound by the jurisdiction of the courts and tribunals of the state of Queensland, Australia, to determine such dispute.
2. Uploads to the Website
   
   1. Uploading informationYou warrant and represent in relation to any upload by you to the Website of any information, material or media, that:
      
      1. you are authorised to make the upload;
      2. the upload is true and accurate;
      3. all uploads and representations you have made on the Website are up to date;
      4. your uploads do not contain any malicious code, programming, malware or data;
      5. your uploads are not defamatory or offensive and does not misrepresent our products and services or that of a third party;
      6. the uploads do not infringe any intellectual property rights;
      7. the uploads does not breach any law of the Commonwealth of Australia and the State of Queensland or laws in another state of Australia or other countries where the upload could be accessible.
   2. Intellectual property licenceBy uploading any information, material or media on the Website you grant us a perpetual, non-exclusive and royalty-free universal licence to reproduce, use, publish, commercialise, sub-licence and exploit the upload, to the full extent permitted by Intellectual Property law.
   3. Removal of informationAt our absolute discretion we may remove any upload you have made or terminate your ability to make an upload to the Website at any time without cause, reason and explanation.
   4. IndemnityYou agree to indemnify us at all times including but not limited to our officers, employees and agents against any loss or liability arising from any claim, demand, proceeding or action by any person arising from;
      
      1. breaches of these Terms and Conditions by you; or
      2. the publication or distribution of any information, material or media uploaded by you.
   5. Subscriptions
      
      1. airTeachr Pty Ltd services, subscriptions and pricing are accessible on https://airteachr.com.au/pricing.
      2. You are responsible for maintaining the confidentiality of your login credentials you use to create an account.
      3. Upon making a subscription you agree to having your profile accessible for subscription holders to search, access, view and use to contact you.
      4. Subscriptions will automatically renew until you choose to cancel your subscription.
      5. There are no refunds for cancellation of the subscription if:
         
         1. If you cancel the subscription because of an issue or service problem outside our control;
         2. You wish to cancel our service because you changed your mind about using it;
      6. Once you have notified us that you wish to cancel the subscription via the billing portal the subscription is terminated at the start of the next billing period or at the end of the expiry period being 28 days after the most recent date of payment.