Membership Agreement

(Terms and Conditions)

 

Last Updated: 13th April 2024

Please read these Membership Agreement - Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.reliefstaffmaestro.com website and the Relief Staff Maestro web application plus mobile application (collectively, the “Service”) operated by Relief Staff Maestro (“RSM”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others (“You”) who access or use the Service. The users include educational institutions (“Schools”) & individuals (“Relief Staff”) qualified to work in a School, both will be or are registered and activated members (“Members”) of the Service.

By accessing or using the Service You agree that our Terms and Conditions form a legally binding agreement between You and RSM. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use the Service.

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time and shall become effective immediately from the modification or replacement update. You are required to refer to this page from time to time to check for updates and be sure you agree with these Terms and Conditions. Your continued use of the Service implies you agree with the terms and conditions below.

 

To Use the Service:

• You must be at least [18] years of age to use the Service.
• You must reside in Australia.
• The Service uses cookies. You consent to RSM using the cookies for site analysis purposes of identifying your IP Address, site pages viewed and downloaded information. This analysis is designed to help us maintain and/or improve the Service. No person is identified.

 

Intellectual Property Rights and Acceptable Use:

RSM owns all proprietary and intellectual property rights in the Service and any incorporated software plus any other material underlying and forming part of the Service. These are protected by copyright, trademark, patent, trade secret and other proprietary laws.

You may not without our prior written permission, in any form or by any means:

• Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Service; or
• Commercialise, copy, or on-sell any information, or items obtained from any part of the Service.

All content included on the Service, unless uploaded by Users, is the property of RSM, our affiliates or other relevant third parties. By continuing to use the Service you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights.

Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

You acknowledge that you are responsible for any content you may submit via the Service, including the legality, reliability, appropriateness, originality and copyright of any such content.

You may not upload to, distribute or otherwise publish through the Service any content that

• is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable;
• May constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or
• May contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”

You must not use this Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, or other malicious computer software.

You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.

You may not upload commercial content onto the Service.

You represent and warrant that you own or otherwise control all the rights to the content you submit; that the content is accurate; that use of the content you supply does not violate any provision of these Terms and Conditions and will not cause injury to any person; and that you indemnify RSM for all claims resulting from content you supply.

 

About RSM:

• RSM provides a link to introduce and connect Relief Staff who are looking for relief work with RSM registered Schools who need relief staff.
• RSM provides this link by using the Service to identify Relief Staff for the Schools relief needs.
• RSM does not control if a RSM School uses our service to make a booking request and when Schools make booking requests through our 'System'.  When a School submits a booking request, they fully control which relief staff members get a booking notification and when they get it.
• RSM is not an employer of Relief Staff. If a School offers a Relief Staff member relief work and this is accepted, an employment contract may be formed between the School and the Relief Staff Member directly without any further involvement from RSM.

 

At Your Own Risk:

• Connections created between Schools and Relief Staff including, communications, arrangements & transactions made through the Service are conducted entirely at their own risk and wholly separate from their relationship with RSM.
• You agree that RSM takes no responsibility or liability for any misconduct of its members including, without limitation, members that have registered under false presences or who attempt to defraud You and RSM.
• We give no undertakings or representations in relation to any members in the form of a relationship formed on the Service including:
  • Identity of the Relief Staff member;
  • The accuracy or truth of the members account except the TRBWA, WWCC and/or SCN Letter (Department of Education) which RSM will validate before the members activation.  Direct Registrations are solely the responsibility of the School and RSM has no liability when Schools activate these relief staff members.
  • That any services will meet the requirements and expectations.

 

Private and Confidential:

The members may be exposed to information relating to the affairs of other members in the normal course of using the Service. All information through the Service is to be treated as strictly confidential and shall not be communicated to or disclosed to any unauthorized person at any time.

Confidential Information includes but is not limited to any information relating to the personal affairs, employment history, references, contact details of any member, or any other information gained from a Members account profile.

 

Relief Staff Obligations:

You may only register under one identity and must not register as a member under any other identity causing multiple identities.

Mandatory minimum requirements to register as a Relief Staff Member:

• Teacher – You must have a current TRBWA Grant Letter and WWCC Card.  An SCN Letter is also required if you want to do relief work at an Education Department School (EDWA).
• Education Assistant – You must have a current WWCC Card and SCN Letter (Department of Education).
• Non-Teaching - You must have a current WWCC Card and SCN Letter (Department of Education).

When creating an account, You, acknowledge that you will provide complete, accurate, truthful and current personal information when registering as a member.

You must complete all the relevant mandatory fields along with supplying a current valid TRBWA; WWCC and/or SCN Letter (Department of Education). The Member is responsible for keeping all the account details up to date.

You as a Relief Staff Member agree that your account details will be accessible to RSM representatives and consultants plus your selected Schools including their Governing Body and any School including their Governing Body you accept a Booking Request from. This access gives the School including their Governing Body the opportunity to look at your details plus download relevant documentation, and decide if they will offer you relief work.

When you receive a Booking Request from a School and you decide to Accept it, you are obliged to attend based on the acceptance confirmation notification. If you are unable to attend, then you must inform the School immediately. Multiple absences or late cancellations may result in the School deleting you off their list and RSM suspending or terminating your membership.

When you attend a School to do relief work:

• You must report to reception, a minimum of 15 minutes prior to class open time or the scheduled start time.
• You must take your WWCC photo identification and Driver’s License with you.
• You must always perform, all your duties professionally.

Relief Staff Members pay an annual subscription fee (non-refundable). We reserve the right to introduce, increase or otherwise amend fees at our sole discretion.

Any concerns in regards to identification or registration must be notified to us immediately by email.

RSM may, at our sole discretion, refuse to offer access to or use of the Service to any person or entity and change its eligibility criteria at any time.

 

School Obligations:

The School may only register under one identity and must not register as a member under any other identity causing multiple identities.

Mandatory requirements to register as a RSM School Member:

• You must have obtained an official opening account cost from RSM.
• You have completed the School Information Template.
• You have a downloadable School Premises Map.

When creating an account, You, acknowledge that you will provided complete, accurate, truthful and current personal information when registering as a member.

The Member is responsible for keeping all the account details up to date.

As a School, you agree that your School details will be accessible to Relief Staff Members who accept your Booking Request.

Schools are fully responsible for any relief staff member they supply with their Direct Registration code and the relief staff members activation.  RSM is not liable for verifying relief staff members Direct Registrations details, including the TRBWA, WWCC & SCN Letter since these documents are fully controlled by the School.  Schools must inform RSM if a Direct Registration has been received from any person they have not supplied with their Direct Registration code.

After receiving an acceptance for your Booking Request, the School is obliged to accept this Relief Staff member and provide work. If the Booking Request changes due to valid or exceptional circumstances, you must contact the Relief Staff member immediately and negotiate a solution directly with them. Multiple cancellations or failures to provide work without valid reason may result in RSM suspending or terminating your membership.

It’s the School’s responsibility, to sight Relief Staff members WWCC and Driver License photo identification when a Relief Staff member attends a School Booking.

Any concerns in regards to identification or registration must be notified to us immediately by email.

RSM may, at our sole discretion, refuse to offer access to or use of the Service to any person or entity and change its eligibility criteria at any time.

 

Prohibited Content/Activity:

RSM reserves the right to remove any profiles that it deems unsuitable or in breach of the Terms and Conditions.

You must not upload or include anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), or unsafe. Profiles are not pre-screened for content; you are responsible for ensuring that any listings comply with Australian Law.

 

Login Information:

You warrant that you will keep your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

• Not to permit any other person to use your username, password or membership details; and
• Not to disclose, or provide to any other person, your password, email address or any other information about your registration that may allow them to gain access to your account details.

You agree that RSM will not be liable for any loss or damage arising from your failure to keep the login information secure and confidential.

You agree to immediately notify us in writing via email of any unauthorised use of your password or any breach of security.

 

Termination of Membership:

RSM reserves the right to decline to register or to terminate your membership at any time with immediate affect without entering in to any discussions with you.

RSM is not required to provide the Relief Staff member, complaints received from School members including their Governing Body.

• All complaints received by RSM about a Relief Staff member from a School member will result in the Relief Staff member being excluded from receiving bookings from the complaining School member.
• All complaints received by RSM from a School member's Governing Body will result in the Relief Staff member being de-activated and no longer able to receive any bookings from all the Governing Body's associated RSM School members.

Without limiting the foregoing, RSM may terminate your membership:

• if a serious complaint is received about you from other members;
• if multiple complaints are received about you from other members;
• if you contact School member/s on multiple occasions to cancel accepted bookings.
• if you do not attend an accepted booking without contacting the respective School member.
• if your registration is cancelled or limited by TRBWA, WWCC & SCN Letter (Department of Education);
• if you breach these terms and conditions;
• if you impersonate another member;
• to comply with a court order; and/or
• if we, at our sole discretion, deem your behaviour to be unacceptable.

In the event of termination, you also agree that you will not open or attempt to open any new profile. If you close your membership, or if it is terminated by us, your ability to use the Service will end immediately.

 

Disputes:

RSM is not a party to any arrangements or relationships between the Relief Staff and the School. You warrant not to involve, or attempt to involve, us in any dispute, personal grievance or in the resolution of disputes that arise between you and another member as a result of the Services provided.

 

Fees & Charges:

• RSM charges Schools and Relief Staff fees for the use of the Service.
• School annual subscription fees, charges and payment methods are quoted on application.
• Relief Staff are charged an annual subscription fee (non-refundable), paid at the time of registration.

RSM reserves the right to change the fees charged at any time without prior notice and shall become effective at the time of the change.

You must pay any fees on time. Failure to pay the fees may result in the membership being suspended or terminated.

 

Availability of the Website and disclaimers:

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults.

RSM is under no obligation to update information on the Service.

Whilst RSM uses reasonable endeavours to ensure that the Service is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

RSM accepts no liability for any disruption or non-availability of the Service.

RSM reserves the right to alter, suspend or discontinue any part (or the whole of) the Service including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Service unless it is expressly stated otherwise.

 

Australian & Governing Law:

All listings must comply with Australian law.

These Terms & Conditions are governed by the laws of Australia and subject to the exclusive jurisdiction of the Courts of Western Australia.

 

Breach:

Following a breach of these terms and conditions or where RSM consider it appropriate, without limiting any other rights or remedies available, may take one of the following actions:

• limit your activities in the Service;
• deactivate your account;
• warn other users of your actions;
• terminate your membership;
• prohibit access to the Service; and/or
• refuse to provide our Services to you.

 

No Waiver:

Any failure by us to exercise or enforce any right or provision of these terms and conditions shall not operate as a waiver of such right or provision.

 

Indemnity :

The Member shall fully indemnify RSM against any loss, damage or negligence whatsoever, which results from any breach by You of your obligations under these terms and conditions (including the legal and other costs associated with such claims including debt collection) including but not limited to any negligence whatsoever, any wrong done, trouble, expense or loss incurred, or loss or damage caused to RSM in any form whatsoever including to its property or reputation by the Member while Services are being used.

 

Force Majeure:

Notwithstanding any other provision contained in these terms and conditions, in the event the performance of any obligation of RSM is prevented due to any unforeseen circumstances including acts of God or any government restriction, hostilities, wars, civil disturbances, blockades, strikes, lockouts, or any other cause beyond the reasonable control of RSM, then RSM shall not be responsible to You for any failure or delay in the performance of its obligations.

 

Privacy Policy:

• Use of your Information

RSM collects your personal information about You through your use of the Services, including your contact details, registration details, information relating to your use of the Service, the content you access and the connections you make.

You agree that this information will be used to assist us to provide the Services to You, to provide members with data regarding the relief work data base, to enforce or apply our terms and conditions, to protect the rights, property or safety of RSM, our users, or others for promoting and marketing other products and Services to you, and for any related or other use or any other that you authorize.

RSM provides School members and their Governing Body access to Relief Staff member details so they can offer Relief Staff work. RSM provides Relief Staff members access to School member details so they can accept Relief Staff work. Schools & Relief Staff member’s details will be removed from the relevant list upon the member’s request as soon as is reasonably practicable.

Outside of the above exceptions, personal information will only be released where appropriate to comply with the law, facilitate court proceedings, enforce or apply our terms and conditions, or protect rights, property or safety of ours, and only to the extent necessary.

• Account Data Retention and Deletion

Relief Staff and School members data will remain on RSM while the member is activated or for 1 year after the Account has been deactivated.

Members can email RSM at anytime to ask for their Account Data to be deleted.

• Restrictions on Information

We will not allow third parties to access your private personal information without your consent.

We will not sell or allow third parties to access your private personal information without your consent.

 

Data Breach:

When RSM reasonably suspects and/or becomes aware of an unauthorised disclosure or security breach concerning any Data covered by this Agreement, RSM shall notify the Member and/or Members within a reasonable amount of time of the incident. RSM shall take immediate steps to limit and mitigate the damage of such security breach to the greatest extent possible.  If the incident involves criminal intent, then RSM will follow direction from the Law Enforcement Agencies involved in the case.

 

Membership Removal:

If you wish to have your profile removed from the Service for any reason, you may send us an email requesting this and we will de-activate your account as soon as is reasonably practicable.

 

Acceptance

You accept that your use of this site includes your acceptance of this Privacy Policy and the Terms and Conditions.