Terms and Conditions of Use for Visitors, Users and Others.
Last Updated: 28th December 2016
Please read these Terms and Conditions of Use (“Terms”, “Terms and Conditions”) carefully before using the www.reliefstaffmaestro.com website and the Relief Staff Maestro 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  years of age to use the Service.
- You must be an Australian Citizen residing in Australia.
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.
Private and Confidential
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 requirements to register as a Relief Staff Member:
- Teacher – You must have a current TRBWA Number and WWCC.
- Education Assistant – You must have a current WWCC and Police Clearance.
- Office Staff – You must have a current WWCC and Police Clearance.
When creating an account, You, acknowledge that you will provided complete, accurate, truthful and current personal information when registering as a member.
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.
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.
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 endeavors 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.
Following a breach of these terms and conditions or where we 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.
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.
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 us in any form whatsoever including to its property or reputation by the Member while Services are being used.
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.
- 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 authorise.
RSM provides School members 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.
- 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.