Terms and Conditions

These terms govern your use of the Schmick Education platform operated by Schmick Education (ABN: [41541479198]). By using the platform you agree to these terms.

By accessing or using the Schmick Education platform you agree to be bound by these terms of service. If you do not agree to these terms you may not use the platform. These terms apply to all users including schools, relief teachers, and administrators.

Schmick Education provides an invitation-only online platform that facilitates connections, bookings and communication between schools seeking relief teachers and relief teachers seeking work.

Schmick Education provides technology and administrative services to facilitate these connections. Schmick Education is not a party to the agreement or engagement between a school and a relief teacher and does not determine the nature of the relationship between them.

Schools and relief teachers are responsible for ensuring that their arrangements comply with applicable Australian laws and regulations.

Schmick Education does not determine or guarantee whether a particular engagement is an employment or contracting relationship.

Schools using the platform agree to:

- provide accurate and complete information in booking requests, including dates, start times, duration, location, subjects and year levels;

- review all booking details before confirming or relying on a booking;ensure that information provided to relief teachers is accurate and sufficiently detailed for the booking;

- ensure that teachers in their preferred teacher pool meet the school's applicable requirements, including Working With Children Check requirements;

- verify that any teacher they engage through the platform holds any qualifications, registrations, checks or other requirements applicable to the engagement; and

- comply with any applicable school policies and arrangements relating to the engagement of relief teachers.

Schools are responsible for determining whether a particular relief teacher is suitable for a booking.

Relief teachers using the platform agree to:

- maintain accurate and up-to-date profile information, including subjects, year levels and availability;

- maintain any Working With Children Check or other checks required for their engagements;

- respond to booking requests within the stated response window;

- review booking information before accepting a booking; and

- notify the school and Schmick Education as soon as reasonably practicable if they are unable to attend a confirmed booking.

A teacher who accepts a confirmed booking is expected to attend at the agreed time and location.

Repeated failure to attend confirmed bookings without reasonable explanation may result in temporary suspension or termination of the teacher's account.

A booking becomes a confirmed booking when a relief teacher accepts the booking through the Schmick Education platform.

Once a booking has been confirmed, the school and teacher are expected to honour the booking and comply with any applicable arrangements between them.

Schools should not request or encourage a confirmed teacher to withdraw from or disregard a confirmed booking in order to accommodate another teacher or alternative arrangement.

If a teacher becomes unable to attend a confirmed booking, the teacher should notify the school and Schmick Education as soon as reasonably practicable.

Schmick Education provides a platform to facilitate bookings and communication between schools and relief teachers. Schmick Education does not determine or control the cancellation arrangements between a school and a relief teacher.

Schools and relief teachers are responsible for discussing, agreeing to and complying with any cancellation terms, notice requirements or other arrangements that apply to their engagement, including any requirements established by the school or agreed between the school and teacher.

A booking confirmed through the Schmick Education platform does not, by itself, create a separate cancellation agreement between Schmick Education and the school or relief teacher.

Where a school or teacher needs to cancel a confirmed booking, they should follow the applicable school or school-teacher cancellation arrangements and notify the other party as soon as reasonably practicable.

Where required, the cancellation may also be recorded through the Schmick Education platform.

Schmick Education may record cancellations and related booking activity for platform administration, account management, safety and record-keeping purposes.

Schmick Education is not responsible for determining, enforcing or guaranteeing the cancellation terms or financial consequences agreed between a school and a relief teacher.

Repeated or unreasonable misuse of the booking or cancellation system may be taken into account when reviewing a user's account.

School accounts are billed on a monthly or annual subscription basis as selected at signup.

Subscription fees are charged in Australian dollars.

All fees are non-refundable except where required by applicable law, including the Australian Consumer Law.

Schmick Education reserves the right to change subscription pricing. Where required, reasonable notice of pricing changes will be provided.

Relief teachers may use the platform without paying a subscription fee to Schmick Education.

Schmick Education does not determine, guarantee or administer remuneration payable by a school to a relief teacher unless expressly stated otherwise in a separate agreement.

Any payment or remuneration arrangements between a school and a relief teacher are the responsibility of those parties and should be agreed between them.

Users are responsible for keeping their account login details secure and must not share their account credentials with another person.

Users must not:

- provide false or misleading information;

- use another person's account;access or attempt to access information they are not authorised to access;

- misuse contact information obtained through the platform;

- interfere with the operation or security of the platform;use the platform for unlawful, harmful or inappropriate purposes; or

- use information obtained through the platform for purposes unrelated to legitimate school, teaching or booking activities.

Schmick Education may take appropriate action where a user breaches these requirements.

A user may request to terminate their account at any time, subject to any outstanding subscription or other obligations that may continue after termination.

Schmick Education may suspend or terminate an account where a user:

- breaches these Terms and Conditions;

- provides false or misleading information;

- misuses the platform;repeatedly fails to comply with confirmed bookings;

- engages in behaviour that compromises the safety or privacy of other users or students; or

- engages in conduct that may adversely affect the security, integrity or trust of the platform.

Where reasonably practicable, Schmick Education may provide notice before suspension or termination. However, immediate action may be taken where necessary to protect users, students, schools, teachers or the platform.

Schmick Education makes every reasonable effort to ensure that the information displayed on the platform, including teacher profiles, qualifications, availability, experience, placement details and other related information, is accurate and up to date. However, we do not guarantee that all information is complete, accurate, current or free from errors or omissions.

Teacher placements and related information may be subject to changes, cancellations, availability, administrative errors or information supplied by third parties. Schmick Education is not responsible for inaccuracies, errors or omissions arising from information provided by teachers, schools, educational institutions or other third parties.

Where an error or issue relating to a teacher placement is identified, Schmick Education will endeavour to investigate and, where reasonably practicable, rectify the situation. Any proposed resolution, refund, credit, fee adjustment or other financial compensation will be considered on a case-by-case basis and, except where otherwise required by law, will be determined at the sole discretion of Schmick Education.

Users should independently verify any information that is material to their decision to engage, appoint or accept a teacher, including qualifications, registration, suitability, availability, experience and any other relevant requirements.

Schmick Education does not guarantee that a particular teacher will be available for a particular placement, that a placement will proceed as arranged, or that a teacher or school will meet the expectations or requirements of another party.

To the maximum extent permitted by law, Schmick Education is not liable for any loss, damage, cost, expense or delay arising directly or indirectly from:

- an error, omission or inaccuracy in information displayed on the platform;

- a teacher or school failing to attend, cancelling or changing a placement;

- a teacher or school failing to meet an agreed requirement;

- reliance on information provided by another user or third party;

- the unavailability or interruption of the platform or related services;

- orany other circumstance beyond the reasonable control of Schmick Education.

To the maximum extent permitted by law, Schmick Education will not be liable for any indirect, incidental, special or consequential loss, including loss of income, revenue, profit, opportunity, business or anticipated savings.

Nothing in this disclaimer is intended to exclude, restrict or modify any right, guarantee, warranty, condition or remedy that cannot lawfully be excluded, restricted or modified under applicable Australian law, including the Australian Consumer Law.

Where liability cannot lawfully be excluded, Schmick Education's liability will be limited to the extent permitted by law and, where legally permitted, to the resupply of the relevant service or the cost of having that service supplied again.

By using the Schmick Education platform or services, users acknowledge that they are responsible for making their own enquiries and decisions regarding teacher placements and for ensuring that any placement complies with their own organisational, regulatory, employment and professional requirements.

This disclaimer should be read together with Schmick Education's Terms and Conditions, Privacy Policy and any other applicable policies or agreements governing the use of the platform.

Schmick Education aims to keep the platform available and functioning reliably but does not guarantee that the platform will always be available, uninterrupted or error-free.

The platform may occasionally be unavailable due to maintenance, technical issues, telecommunications problems, hosting issues or circumstances outside Schmick Education's reasonable control.

These Terms and Conditions are governed by the laws of Queensland, Australia.

Any disputes relating to these Terms and Conditions will be subject to the applicable courts and laws of Queensland, Australia.

Schmick Education may update these Terms and Conditions from time to time.

Where appropriate, significant changes will be communicated to users by email or through the platform.

Continued use of the platform after updated Terms and Conditions take effect constitutes acceptance of the updated terms.

Questions about these terms? Contact us at support@schmick.education.