Terms and Conditions
What parts of these terms apply to me?
These terms govern your use of the Jooclass platform (Platform) and the introductory services available through the Platform and any associated services we offer (Platform Services).
The Platform is an introductory service that allows Users to create listings offering teaching services (Classes) and for other Users to purchase tickets (Tickets) which can then be redeemed to enrol to attend Classes.
By using the Platform, you agree to be bound by these terms which forms a binding contractual agreement between you, the user (User, you, your), and us, Jooclass Pty Ltd (ABN 35 642 815 129) (Jooclass, we, us, our).
The remainder of these terms is divided into three parts:
- Part 1 (All Users), which sets out terms that apply to all Users;
- Part 2 (Teachers) which sets out additional terms that apply to users that list Classes (Teachers); and
- Part 3 (Students) which sets out additional terms that apply to users that enrol to attend Classes (Students)
If you intend to use the Platform as a Teacher, only Parts 1 and 2 of these terms will apply to you.
If you intend to use the Platform as a Student, only Parts 1 and 3 of these terms will apply to you.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Part 1: All users
- The Platform is not intended for use by any person under the age of 15 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you:
- have not been suspended or prohibited from using the Platform; and
- are either:
- over the age of 15 years; or
- accessing the Platform on behalf of someone under the age of 15 years old and consent to that person's use of the Platform.
- Please do not access the Platform if you are under the age of 15 years old and do not have your parent or guardian'sconsent or if you have previously been suspended or prohibited from using the Platform.
- If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so.
- You can use some of the functions of the Platform without creating an account. Most of the functions however will require you to create an account through the Platform (Account) and to then activate the Account.
- As part of the Account creation and activation process and as part of your continued use of the Platform, you are required to provide personal information and details such as your first and last name, date of birth, email address, a username, a secure password, billing information, mobile phone number, and other information as determined by us from time to time.
- You warrant that any information you give to us while completing the Account creation and activation process will always be accurate, honest, correct and up to date.
- You may create an Account using your Google, Facebook or other social media network account (Social Media Account). If you create your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including your first and last name, date of birth, email address, your current profile photo and other information as determined by us from time to time.
- We reserve the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
- We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
3. User Obligations
As a User, you agree:
- not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
- to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify us of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
- to not use the Platform for any purpose other than for the Platform Services, including by:
- using the Platform in a manner that is illegal, criminal or fraudulent or facilitates illegal, criminal or fraudulent activity; and
- using the Platform in connection with any commercial or money making or other promotional or marketing endeavours except as expressly permitted by us or connected to the provision of the Platform Services to you;
- not to act in any way that may harm our or an associated or interested parties’ reputation or do anything at all contrary to our interests or the Platform;
- you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform;
- that we may change any features or part of the Platform or the Platform Services at any time without notice to you;
- that information given to you through the Platform, by us or another User including a Teacher, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
- that we may cancel your Account at any time we consider, in our absolute discretion, that you are in breach or are likely to breach this clause 3.
4. Posted Materials
By listing a Class, or otherwise providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
- you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
- the Posted Material is accurate and true at the time it is provided;
- any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
- the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
- the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
- the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
- the Posted Material does not breach or infringe any applicable laws.
- You grant to Jooclass a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order forJooclass to use, exploit or otherwise enjoy the benefit of such Posted Material.
- If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Jooclass from any and all claims that you could assert against Jooclass by virtue of any such moral rights.
- You indemnify Jooclass against all damages, losses, costs and expenses incurred by Jooclass arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.
- Jooclass acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Jooclass may, in its absolute discretion, review and remove any Posted Material at any time without giving any explanation or justification for removing the Posted Material.
- You agree that you are responsible for keeping and maintaining records of Posted Material.
5. Identity Verification
- Jooclass does not undertake any identity verification for any User.
- Where a working with children check is provided, Jooclass does not verify the validity of the working with children check including whether the User is the person named in the working with children check.
- Where the information is easily accessible and free, Jooclass may, at its sole discretion, request a check of a working with children check through the relevant government bodies working with children check website. Jooclass does not guarantee that it will check any working with children check.
- You acknowledge and agree that:
- you should make your own inquiries as to other Users’ identities before engaging with those Users; and
- we do not endorse any User or Class in any way, including as to whether a User has a registered and/ or current working with children check.
6. Refunds, Service Interruptions and Cancellations
Jooclass will have no liability or obligation to you if:
- a Student or Teacher cancels a Class at any time; or
- for whatever reason, including technical faults, the Platform Services cannot be performed or completed,
and you will not be entitled to any compensation from Jooclass.
7. Service Limitations
The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree thatJooclass cannot and does not represent, warrant or guarantee that:
- the Platform will be free from errors or defects;
- the Platform will be accessible at all times;
- messages sent through the Platform will be delivered promptly, or delivered at all;
- information you receive or supply through the Platform will be secure or confidential; or
- any information provided through the Platform is accurate or true.
8. Intellectual Property
- Jooclass retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform Services including text, graphics, logos, design, icons, images, functionality, sound and video recordings, pricing, downloads, software and code (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
- You must not reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Jooclass or as permitted by law.
- In this clause 8, "Intellectual Property Rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
9. Third Party Content
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Jooclass accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
10. Third Party Terms
- Any service that requires Jooclass to acquire goods and services supplied by a third party (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including 'no refund' policies.
- Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Jooclass to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
11. Dispute between Users
- You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
- If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Jooclass. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
- Any costs you incur in relation to a complaint or dispute will be your responsibility.
- Jooclass has the option to appoint an independent mediator if needed. The cost of any mediator must be shared equally between each of the parties to the dispute.
- Jooclass reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator.
- If you have a dispute with Jooclass, you agree to notify us first and enter into discussion or mediation with us for a minimum of a 120-day period before pursuing any other proceedings.
- Notwithstanding any other provision of this clause 11, you or Jooclass may at any time cancel your Account or discontinue your use of the Platform.
Jooclass does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
- (Introduction service) Jooclass is a medium that facilitates the introduction of Students and Teachers for the purposes of providing classes to Students. Jooclass simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Students and Teachers in relation to such services or otherwise resulting from the introduction.
- (Limitation of liability) To the maximum extent permitted by applicable law, Jooclass excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform, the Platform Services or any Classes. This includes the transmission of any computer virus.
- (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
- (Consumer law) Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund,
- (Indemnity) You agree to indemnify Jooclass and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives':
- breach of any term of these terms;
- use of the Platform and the Platform Services; or
- your provision or receipt of services from another User.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will Jooclass be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, the Platform Services, these terms or their subject matter, or any or any Classes (except to the extent this liability cannot be excluded under theCompetition and Consumer Act 2010 (Cth)).
You agree that:
- no information owned by Jooclass, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
- all communications involving the details of other Users on this Platform are confidential and must be kept as such by you and must not be distributed nor disclosed to any third party.
16. Collection Notice
- Jooclass reserves the right to terminate a User's access to any or all of the Platform, including by terminating a User’s Account at any time without notice, for any reason.
- Users may terminate their membership on Jooclass at any time by using the Platform's functionality where such functionality is available. Where such functionality is not available, Jooclass will effect such termination within a reasonable time after receiving written notice from the User.
- Notwithstanding termination or expiry of your membership or these terms, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Jooclass will not be held accountable in relation to any transactions between Students and Teachers where tax related misconduct has occurred.
19. Record / Audit
To the extent permitted by law, Jooclass reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including chats logs, video recordings, posts, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Jooclass.
- A notice or other communication to a party under these terms must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in these terms, or if no email address is specified in these terms, then the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the otherparty's Email Address, notice will be taken to be given:
- 24 hours after the email was sent; or
- when replied to by the other party,
21.1 Governing Law and Jurisdiction
These terms are governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
21.4 Joint and several Liability
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
21.7 Entire Agreement
These terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word "includes" and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
Part 2: Teachers
- Teachers may create and list Classes on the Platform. When creating a Class, certain information such as a description of the Class and the location of the Class will be required.
- You cannot create a Class without an Account. Once you have created an Account, you may then create Classes. Classes however will not be listed on the Platform and cannot be search for by Users or accept enrolments from Students until your Account has been activated.
- Activating an Account will require you to create an account with a third party payment provider (Third Party Payment Provider).
- Creating and listing a Class is free. We only charge a fee for Classes that have been attended by Students and completed (Service Fee).
- In order for a Student to enrol to attend one of your Classes, a Student must buy then redeem a Ticket. If a Student has already enrolled into a Class and you change the cost of a Ticket for the Class, the existing Ticket will still be valid, and you cannot charge the Student the balance.
- Once the Class has finished, and has been confirmed via the Platform, by you and all attending Students that the class has been completed (Class Completion), we will transfer you an amount equal to the value of the total number of Tickets redeemed for the Class, minus our Service Fee (Remaining Balance).
- You must not try to claim:
- any additional payment from a Student; or
- the Service Fee from a Student.
- Jooclass may hold the Remaining Balance if a Student does not confirm Class Completion or does not confirm Class Completion for any other reason including due to being unsatisfied with the Class. Any disputes should be dealt with in accordance with 11 of Part 1.
- Jooclass reserves the right to change or waive the Service Fee at any time by updating these terms.
- You must verify that any Student is over 15 years old or has their parent’s or has their parent's or guardian's consent to use the Platform.
- If you list Classes for Students under the age of 18, you must at all times maintain a valid working with children check in the jurisdiction you will perform the Classes. Jooclass is under no obligation to confirm the status of your eligibility to work with people under 18 years old. You indemnify Jooclass against any claim that may arise in connection with your eligibility to work with people under 18 years old.
- You acknowledge and agree that:
- Jooclass may choose not to list any Class you create on the Platform, and Jooclass may limit the number of Classes you can create on the Platform;
- you must take all reasonable steps to perform and complete the services as described in every Class where a Student has enrolled for the Class;
- any additional terms and conditions relating to a Class are solely between you and the Student and do not involveJooclass in any way, except that they must not be inconsistent with your obligations under these terms; and
- Jooclass will have no responsibility for the accuracy, reliability or timeliness of any information provided to you by a Student enrolled for a Class.
5. Rescheduling and Refunds
- If you wish to reschedule a Class with at least one Student enrolled, you may do so using the function available on the Platform however, before you do so, you must:
- notify the Student that you intend to reschedule the Class; and
- make alternative arrangements for the Student, such as by offering the same or similar Class at another time.
- If the Student is unable to attend the proposed rescheduled Class, we may take one or more of the following actions:
- reissue the redeemed Tickets to the relevant Student; and
- require that you pay all or part of the Service Fee that would have been paid had the Class not been rescheduled.
- The Service Fee is by default non-refundable. However, Jooclass may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
- You agree that while you are a Teacher on the Platform, and for one year after you cease using the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Student whom you came to know about, or with whom you provided services to directly or indirectly, by using the Platform. This provision will apply whether or not the Student or their representative is still active on the Platform.
- Jooclass may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.
7. Binding Contract
You agree that when you list a Class on the Platform, this constitutes your intention and offer to enter into a contract with a Student where you will provide the Student with the Class in exchange for payment. A contract is formed in this respect when you list a Class on the Platform as an offer and a Student confirm their acceptance of this offer by enrolling in the Class.
As a Teacher, you represent and warrant that:
- you are able suitably qualified and trained to provide the Class;
- you will provide the Class:
- with due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
- in compliance with all applicable laws; and
- you have not been previously convicted of an indictable offence and have no current proceedings against you for an indictable offence (whether or not the offence is or may be dealt with summarily).
Part 3: Students
- Students can search for Classes without creating an Account. In order to purchase Tickets, Students must create an Account. In order to redeem Tickets to enrol into a Class, Students must activate the Account.
- Once a Student is enrolled into a Class, you may select any available sessions for the Class to attend. Each Class will detail the location of the Class and the times for each session. If you do not or are unable to attend a Class and do not notify the Teacher and organise for a rescheduled Class prior to the commencement of the Class you will not be refunded the value of the Tickets redeemed for that Class.
- Once a Class has finished, you will have the option to confirm that the Class has been completed on the Platform. If there have been any issues with the Class, do not confirm the Class has been completed and contact Jooclass immediately. If within 24 hours of the class finishing, you do not contact us or confirm that the Class has been completed, the Class will be automatically considered completed.
- Some Classes are only available to Students over the age of 18. If you have not provided your age or date of birth, you will be unable to enrol for these Classes. Please do not enrol for a Class only available to Students over the age of 18 if you are not over the age of 18.
- Jooclass is under no obligation to confirm the status of any Teacher’s rights or ability to work with people under 18 years old. You release Jooclass completely for all liability to you for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to any Teacher or Class.
3. Classes and Fees
You acknowledge and agree that:
- if you enrol for a Class, this constitute your acceptance to enter into a contract with the Teacher;
- on enrolment, a Ticket will be redeemed from your account as payment for the Class; and
- any terms and conditions relating to the Class are solely between you and the Teacher and do not involve Jooclass in any way, except that they must not be inconsistent with your obligations under these terms.
- (Card surcharges) Jooclass reserves the right to charge credit card surcharges in the event that payments for Tickets are made using a credit, debit or charge card (including Visa, MasterCard and American Express).
- You agree to release Jooclass and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Third Party Payment Provider, including any issue with security or performance of the Third Party Payment Provider’s platform or any error or mistake in processing your payment.
5. Rescheduling, Cancellations and Refunds
- If a Teacher reschedules a Class, the Teacher must contact you and arrange for an alternative Class time. The Teacher may offer you the same Class at an alternative time, or if the same Class is not available, a similar Class. You must use your best efforts to accommodate the rescheduling of the Class.
- If you are, despite your best efforts, unable to attend the rescheduled Class, then you must contact us and we may, at our absolute discretion, re-issue your redeemed Ticket for that Class.
- Tickets and redeemed Tickets are, by default, non-refundable. However, Jooclass may, in its absolute discretion, issue refunds for Tickets and redeemed Tickets in certain circumstances.
- Students may rate, review and/ or provide feedback for a Class and/ or Teacher (Review).
- Reviews can be viewed by any User.
- A Student must provide true, fair and accurate information in their Review.
- If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or elect to not post the Review. We do not undertake to review each Review made by a Student.
- To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
- You may not publish Reviews for Teachers to which you have personal or professional relations.
- You can write a Review about a Class or Teacher if you have attended a Class with that Teacher.
- You may only write about your own experience. You are not permitted to write a Review about somebody else’s experience, such as that of a family member or friend.
- You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Teacher to write a Review, you should include information about this in your Review. Incentives include the Teacher offering you a gift, reward, discount or advantage for writing a Review about the Teacher on the Platform.
- You agree that while you are a Student on the Platform, and for one year after you cease using the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, request or entice teaching services, from any Teacher whom you came to know about, or with whom provided services to you directly or indirectly, by using the Platform. This provision will apply whether or not the Teacher or their representative is still active on the Platform.
- Jooclass may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.