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Relief Ruler Terms of Use (“Terms”)

In these Terms:

“Program”: means the web-based application for placement of relief teachers owned and operated by Relief Ruler. “Relief Ruler” means Manage My Relief Days Pty Ltd ACN 602 160 476 trading as Relief Ruler ABN 55 602 160 476 “School” means a school that has registered with the Program;
“Teacher”: means a teacher that has registered with the Program;
“Registered User”: includes a School and a Teacher;
“Website”: means reliefruler.com.au; and
“You” and “User ”: mean any individual or entity accessing or using the Program for any reason, including a Registered User.

Relief Ruler provides its Program to assist Schools to efficiently manage the placement of relief teachers and Teachers to efficiently obtain relief teaching work. The Program is available via reliefruler.com.au. Subject to your compliance with these Terms, Relief Ruler grants to You a limited non-exclusive, non-transferable licence to use the Program.

By accessing or using the Program, or by continuing to do so, You expressly accept and agree to be bound by these Terms. In accepting these Terms, You agree that these Terms and our Privacy Policy will apply whenever You use the Program.

Relief Ruler may amend these Terms from time to time by uploading new Terms to its website. Your use of the Program after Relief Ruler makes amendments to these Terms will oblige You to comply with these Terms as amended.

Password and login
1. When You become a Registered User, You will create your own password and user name. You agree to be responsible for all activities that occur under your user name.
2. You are responsible for managing the confidentiality of your password and user name. You may change your password at any time by following the instructions on the Program.
3. You agree to immediately notify Relief Ruler of any unauthorised use of your password or user name or any other breach of security You become aware of.
Fees and payment
1. A Teacher is not currently charged a fee to register as a User and use the Program. However, Relief Ruler reserves the right to charge Teachers in future as advised by Relief Ruler from time to time.
2. A School will be charged an annual subscription fee to access all features of the Program. The fee can change at any time by notice in writing. The fee is non-refundable and is charged yearly in advance on the 15th of January. If a School cancels its registration it will not be entitled to any refund of pre-paid fees.
3. Relief Ruler will invoice Schools for SMS costs associated with their use of the Program quarterly. However, Relief Ruler can invoice monthly in its discretion where SMS costs are significant. School Users must pay the invoice within 7 days of the date of the invoice. SMS costs will be charged per message sent not per message received.
4. Relief Ruler will select any third party provider (such as SMS provider) in its discretion.
5. All fees quoted are exclusive of GST. A User must pay GST in addition to the quoted price.
Intellectual property
1. All intellectual property in the Program, including copyright, any trademarks and any other intellectual property rights in or associated with the Program, but excluding any data or other information originated by third parties, is owned or licensed by Relief Ruler.
2. You must not do or allow any third party to do anything which may infringe, damage or endanger Relief Ruler's intellectual property rights or the intellectual property rights of a third party.
3. You are responsible for the content and material that you upload on or transmit through the Program, including its legality, reliability and appropriateness. You should only upload or post content and material that you either own, created or have the right to use and publish.
Schools
1. Any Teacher engaged by a School via the Program is engaged by the School direct.
2. Schools must pay the Teacher direct for all services performed by the Teacher.
3. Relief Ruler does not verify any information uploaded by a Teacher and it is the School's responsibility to do so.
4. It is Your obligation to ensure that all information about You is current and accurate.
5. Schools must ensure any Teacher engaged has the required qualifications and experience necessary to perform relief teacher responsibilities at the School and ensure all other legal or regulatory requirements are satisfied.
6. To the maximum extent permitted by law:
  1. Relief Ruler has no liability for any actions or inactions of a Teacher;
  2. each School agrees to release, hold harmless and fully indemnify Relief Ruler from any liability for any damages, costs, actions, claims or loss arising out of or in connection with any action or inaction of a Teacher or selection of a Teacher via the Program or other use of the Program.
Teachers
1. Registering with the Program and becoming a User does not guarantee that You will be selected by a School for relief teaching work.
2. It is Your responsibility to ensure all information about You is current and accurate.
3. You will be paid direct by the School and Relief Ruler has no obligation to pay You for any services You provide.
4. You acknowledge that by uploading information to the Program, any information You upload will be able to be viewed by any School which is a User. In some circumstances a Teacher User may also access the Program in their capacity as a School User. You consent to disclosure of Your information to any School User (including a Teacher User who is also a School User) by uploading the information to the Program.
5. To the maximum extent permitted by law:
  1. Relief Ruler has no liability for any actions or inactions of a School or any events or circumstances that arise as a result of, arising out of or in connection with your engagement by a School via the Program;
  2. You release and agree to hold harmless Relief Ruler from any liability for any damages, costs, actions, claims or loss arising out of or in connection with your use of the Program including without limitation your engagement (or non-engagement) by a School.
Maintenance and down time
1. Relief Ruler will undertake maintenance and upgrades to the Program from time to time in its discretion; and use reasonable endeavours to ensure the Program is available for use. However, to the maximum extent permitted by law, Relief Ruler makes no representations or warranties as to the availability of the Program and will not be liable for any loss suffered or inconvenience incurred as a result of the Program being unavailable for any reason.
2. Whilst Relief Ruler will make all commercially reasonable efforts to post a warning on the Program, Relief Ruler may from time to time suspend the Program or disconnect or deny access to the Program, without notice to You during any technical failure, modification or maintenance affecting the Program, provided that Relief Ruler will use commercially reasonable endeavours to procure the resumption of the Program as soon as reasonably practicable.
Privacy
1. Relief Ruler will collect, hold and use your personal information in accordance with its Privacy Policy available on the Website. Relief Ruler's Privacy Policy sets out:
  1. the purposes for which your personal information is collected;
  2. the consequences if your personal information is not provided to Relief Ruler;
  3. the third parties to which Relief Ruler discloses your personal information;
  4. how You may seek access or correction of your personal information;
  5. whether your personal information is likely to be disclosed to overseas entities and in which countries; and
  6. how You can complain about a breach of Relief Ruler's obligations in respect of your personal information and how such a complaint will be dealt with.
2. You agree to allow Relief Ruler to collect personal information about You, including information that is considered to be sensitive where relevant.
3. You agree to allow Relief Ruler to use your contact and personal information to send to You information about Relief Ruler and the Program, including any additional services offered by Relief Ruler. You may opt out of receiving future mailings, or be removed from our database by contacting Relief Ruler with the details listed in the Privacy Policy.
4. If You upload additional information that is not required for the operation of the Program, You do so at your risk.
5. Each School agrees that Relief Ruler can disclose on Relief Ruler’s website, digital platforms and promotional material that the School uses the Program.
Security
1. Relief Ruler takes reasonable steps to ensure the security of our systems. Any information which we hold for You is stored on secure cloud based servers. In addition, our employees and the contractors who provide services relating to our information systems are obliged to respect the confidentiality of any personal information held by Relief Ruler. However, Relief Ruler will not be held responsible for any loss that may arise from unauthorised access to Your personal information.
2. Relief Ruler exercises reasonable care to ensure that Your information is secure on its system. However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud based servers. Relief Ruler accepts no liability that may arise if any other persons obtain the information You submit to the Program.
No representations and warranties
1. To the maximum extent permitted by law, Relief Ruler does not provide any representations or warranties relating to the Program.
2. Relief Ruler will not review any information posted by any User on the Program. However, without notice to You, Relief Ruler may remove, amend or alter any information in the Program upon being made aware of any claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party's rights. In addition, Relief Ruler may in its absolute discretion remove a User from the Program upon being advised by any authority that a User should be removed from the Program or for any other reason.
3. Relief Ruler is not responsible for any third party engaged in using the Program (such as a SMS provider).
4. Relief Ruler does not warrant that the Program will operate error-free or that the Program and its server are free from computer viruses or other harmful mechanisms.
Acceptable uses
You must use the Program responsibly and within the law. It is your responsibility to:
1. use the Program in a manner which does not violate any applicable laws or regulations;
2. respect the legal protection afforded by copyright, trade mark, license rights and other laws to data accessible via the Program;
3. respect the privacy of others;
4. use the Program in a manner which does not interfere with or disrupt other Users, services or equipment;
5. refrain from acts that waste resources or prevent other Users from receiving the full benefit of the Program; and
6. use the Program lawfully and ethically.
Unacceptable uses
1. You must not use the Program in any way which breaches local, state, federal or international laws or regulations. Without limiting that, You must not:
  1. violate copyright, trademark or other intellectual property rights;
  2. illegally store, use or distribute software owned by or licensed to Relief Ruler;
  3. transmit threatening, obscene or offensive materials;
  4. discriminate or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  5. misrepresent or defame others;
  6. commit fraud;
  7. gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
  8. damage, modify or destroy any of Relief Ruler's or any other person's files, data, passwords, devices or resources;
  9. make an unauthorised transmission of confidential information or data protected by trade secrets;
  10. engage in misleading or deceptive on-line practices;
  11. conduct any business or activity or solicit the performance of any activity that is unlawful;
  12. impersonate any person, or misrepresent your identity or affiliation with any person; or
  13. attempt to do any of these things.
2. You must not use the Program to interfere with or disrupt the Program or other Users, services or equipment. In particular, for example, You must not:
  1. distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists (“spamming”);
  2. send unsolicited commercial messages;
  3. initiate or spread computer worms, viruses or other types of malicious programs;
  4. make transmissions of any type or quantity which adversely affect the operation of the Program or jeopardises the use of the Program, or its performance for other Users; or
  5. harass or impersonate Relief Ruler, the Program or other Users;
  6. engage in conduct that which causes a threatened or actual nuisance to other Users of the Program; or
  7. violate or attempt to violate the security of the Program.
Relief Ruler's rights
1. You will indemnify Relief Ruler against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that Relief Ruler suffers or incurs as a result of any breach of these Terms by You.
2. Without limiting any of Relief Ruler's other rights, if You breach any term of these Terms, Relief Ruler will have the right to:
  1. confiscate or destroy or require You to return or destroy, at your cost, all material that You have obtained from the Program;
  2. require You to delete or otherwise permanently remove from any electronic device, information You have obtained from the Program, using any means reasonably necessary;
  3. suspend or terminate your access to the Program; and
  4. take any other action against You.
3. These Terms are governed by and is to be interpreted pursuant to South Australian law and Users submit to the non-exclusive jurisdiction of South Australian courts in respect of any disputes under or related to these Terms.