TERMS AND CONDITIONS Governing Access to the First2Click Schools System

RECITALS

A. First2Click Schools is the authorised operator of a cloud based school rostering system called the First2Click System.

B. The First2Click System comprises the following components
    (1) Rostering Cloud Environment (RCE);
    (2) Manager App;
    (3) Web Interface; and
    (4) Worker App.

C. The Rostering Cloud Environment allows each BSM to monitor staff numbers at their respective school and if necessary to allocate Worker App logins to Existing Staff and Relief Pool Workers.

D. Each BSM will be able request that their schools staff data be uploaded onto the RCE and manage such data for the benefit of their respective school.

E. All Existing Staff and Relief Pool Workers will be able through the Worker App to monitor their respective school’s roster and notify their BSM as to their availability to meet the roster developed by their BSM.

F. Job Seekers will be able to register their interest in working at a school via the Worker App. BSMs will receive notifications from Job Seekers who wish to be offered interviews at a school for work opportunities either as relief staff or as permanent school staff.

 

Principal Terms and Conditions Governing Access

IN CONSIDERATION OF US PERMITTING YOU ACCESS TO THE RCE (AND ALL PAGES LINKED THROUGH THE RCE) EACH F2C PARTICIPANT AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SETOUT IN THESE RULES: Rules for Use covering access to the RCE and Legal Notices

The RCE is operated under license by UniDap Solutions Pty Ltd ABN 37 124 388 834 (First2Click Schools) of Level 4, 196 Wharf Street, Spring Hill, Brisbane, Qld, 4000.


 

1. DEFINITIONS

1.1. Terms defined in this Agreement

"Agreement" means this document.

"Business Services Manager" (BSM) means a current school business services manager who can access the RCE via the Web Interface and/or by downloading the Manager App in order to gain authorised access to the RCE.

"Commencement Date" means the date on which a Member first legally gains access to the Rostering Cloud Environment via a First2Click Schools App;

"Confidential information" means:

(a) this Agreement;

(b) the Documentation; and

(c) all trade secrets, ideas, know-how, concepts and information regardless of its form relating to the Rostering Cloud Environment and includes all material, reports, test data, compilations of information and data and computer programs.

"Documentation" means:

(a) First2Click User Guide and help files which can be access once an F2C Participant has legally gained access to the RCE; and

(b) any other printed materials designed to assist F2C Participants in the understanding of the operation of the First2Click System.

"Existing School Staff" means those persons who are engaged either as on a permanent or casual basis by a school or schools and who have downloaded the Worker App and registered with the RCE.

"F2C Participant" means as the context may require any one or more of the following:

(a) Managers;

(b) Existing School Staff;

(a) Relief Pool Workers; and

(b) Job Seekers.

"First2Click Schools" means UniDap Solutions Pty Ltd ABN 37 124 388 834 of level 4, 196 Wharf Street, Spring Hill, Brisbane, Qld, 4000.

"First2Click Schools App" means either any one or more of the following:

(a) Managers App; and

(b) Workers App.

as the context may require.

"First2Click System" means the Software system comprising the following components:

(a) Rostering Cloud Environment (RCE);

(b) Manager App;

(c) Web Interface; and

(d) Workers App.

"First2Click User Guide" means the manual of that name published by First2Click Schools via the Rostering Cloud Environment.

"Internet" means the world-wide connection of computer networks providing for the transmission of electronic mail, on-line information, information retrieval and the transfer protocol.

"Job Seeker" means those persons who have downloaded the Worker App by registering onto the RCE and gained authorised access to the RCE and paying the appropriate fee.

"Manager App" means the "school business managers' software app" that First2Click Schools is authorised to distribute and through which a participating BSM is able to gain access to the RCE.

"Relief Pool Workers" means those persons who have downloaded the Worker App and who have been successful in their interview with a school or schools so as to be classified as a relief worker.

"Rostering Cloud Environment" (RCE) means the "rostering software application" that resides in a secure cloud environment that is managed under license by First2Click Schools.

"Rules" means the rules detailed in this document.

"Web Interface" means the web portal that forms part of the RCE.

"Worker App" means the “worker app” that is distributed under license by First2Click Schools which allows Job Seekers and Existing School Staff and Relief Pool Workers to access the RCE in order to receive notifications of any available positions at a particular school or schools and register their interest in such available positions.

 

2. INTERPRETATION

2.1. In this Agreement, unless the contrary intention appears:

(a) references to 'person' include individuals, firms, bodies corporate, associations, governments and governmental, semi-governmental and local authorities and agencies;

(b) headings are for ease of reference only and do not affect the meaning of this agreement;

(c) the singular includes the plural and vice versa and words importing a gender include other genders;

(d) other grammatical forms of defined words or expressions have corresponding meanings;

(e) a reference to a document or agreement, including this agreement, includes a reference to that document or agreement as novated, altered or replaced from time to time;

(f) a reference to a party includes its executors, administrators, successors and permitted assigns; and

(g) a reference to a Statute, ordinance or by-law includes regulations and other instructions under it and consolidations, amendments, re-enactments or replacements of any of them;

 

3. PRIVACY STATEMENT
Each F2C Participant acknowledges that they have read and understood the privacy statement prior to gaining access to the RCE. The privacy statement is accessible by clicking here.

 

4. UPLOADING DATA
4.1. It is a condition of access to the RCE that each F2C Participant will comply with these rules in gaining access to the RCE and that they will/must not:

(a) restrict or inhibit any other user from using and enjoying the functionality of the RCE;

(b) upload to the RCE or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, bigoted, hateful, racially offensive, pornographic, profane, or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or foreign law;

(c) upload to the RCE or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy (for example, do not publicly upload without authority telephone numbers, addresses or any other private information of others) or which is protected by copyright, trade mark or other proprietary right, without first obtaining permission from the owner or right holder;

(d) upload to the RCE or transmit any information, software or other material which contains a virus or other harmful component; or

(e) without the written permission of First2Click Schools, upload to the RCE, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing.

 

5. ACCESS TO RCE
5.1. First2Click Schools will use its best endeavours to give each F2C Participant legal access to the RCE.

5.2. Each F2C Participant may only gain access to the RCE via the Internet using an authorised First2Click Schools App except that BSMs may also gain access to the RCE via the Web Interface.

5.3. Each F2C Participant will be granted access to the RCE for as long as the school they are connected with subscribes to the RCE.

5.4. Each F2C Participant acknowledges and agrees that circumstances may arise where, due to technological issue, or systems issues or other problems, the First2Click System or components thereof may not be available.

5.5. Each F2C Participant must use the functionality of the RCE in a responsible, cooperative and professional manner and must not interfere with any other user who has legal access to the RCE.

5.6. Each F2C Participant agrees for the benefit of First2Click Schools and also for the benefit of any other authorised user(s) who have access to the RCE that they will/must not:

(a) tamper with, hinder the operation of or make unauthorised modifications to the RCE;

(b) delete data from the RCE without permission;

(c) knowingly transmit any virus or other disabling feature to the RCE or to any other authorised user who has access to the RCE;

(d) pretend to be another person to gain access to the RCE without permission;

(e) impersonate any other person or falsely claim to represent any other person, whether living or dead, real or fictitious in their access to the RCE;

(f) Make any false, misleading or deceptive representations whilst access the RCE;

(g) make a contribution to the RCE that is defamatory or libellous or likely to damage the reputation of any person, group of people or organisation;

(h) access the RCE to invade the personal privacy of any other person or groups without some written legal authorisation;

(i) provide false or misleading information to First2Click Schools via the RCE or via any First2Click Schools App;

(j) abuse, stalk, harass, threaten or otherwise violate the legal rights of F2C Participants;

(k) use insulting, threatening or provocative language or language that is hateful towards a certain group of people, or incite hatred on the basis of race, religion, gender, nationality or sexuality or other personal characteristic;

(l) make a contribution to the RCE that includes obscene, offensive or inappropriate language or material;

(m) use the RCE to conduct any illegal activity or solicit the performance of any illegal activity;

(n) contribute to the RCE any text or other material that infringes the intellectual property rights of others or reveals confidential information;

(o) spam any material uploaded onto the RCE by sending multiple copies or versions of it;

(p) contribute material to the RCE that contains or links to any commercial advertising material;

(q) include links to or internet addresses for commercial or private websites, or any email addresses, in any material uploaded to the RCE; or

(r) attempt to do any of the above acts or knowingly permit another to do any of the above acts.

5.7. Each F2C Participant agrees to immediately notify First2Click Schools if they become aware that there is a threat to the security or proper operation of the RCE or the gaining of unauthorised access to the RCE.

 

6. TERM
6.1. Subject to clause 6.2, access by a F2C Participant to the RCE will be permitted for as long as the F2C Participant is authorised by the Queensland Department of Education to have such access.

6.2. First2Click Schools may if directed by the Queensland Department of Education suspend or terminate any F2C Participant's access to the RCE.

6.3. First2Click Schools may at its absolute and unfettered discretion suspend or terminate and F2C Participant's access to the RCE if First2Click Schools has any suspicion (reasonable or otherwise) that the relevant F2C Participant has breached any of these Rules.
 

7. WARRANTIES
7.1. While First2Click Schools will make every effort to maintain the accuracy and completeness of all the information available via the RCE, the dynamic nature of the medium means that the information available via the RCE could include errors or out of date content. (If an F2C Participant notices any error, First2Click Schools would appreciate it if the F2C Participant brings it to our attention). Each F2C Participant should make his/her own investigations before entering into any transaction on the basis of the contents available via the RCE. Neither First2Click Schools nor any other party who provides material displayed via the RCE is under any obligation to give notice of any corrections or amendments. In addition, your browser and hardware configurations, over which we have no control, may affect the performance and operation of information available via the RCE when accessed and viewed at your computer.

7.2. FIRST2CLICK SCHOOLS IS PROVIDING ACCESS TO THE RCE AND ITS CONTENTS ON AN "AS IS" BASIS. FIRST2CLICK SCHOOLS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO INFORMATION MADE AVAILABLE VIA THE RCE OR ITS CONTENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRST2CLICK SCHOOLS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, FIRST2CLICK SCHOOLS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE RCE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE RCE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF ERRORS OR VIRUSES. WE MAKE NO WARRANTY THAT THE RCE WILL MEET ANY REQUIREMENTS OF THE F2C PARTICIPANT OR THAT THE SERVICE PROVIDED VIA THE RCE WILL BE UNINTERRUPTED, TIMELY OR SECURE.

7.3. First2Click Schools may link the RCE to third party web sites. First2Click Schools is not responsible for the condition or content on other third party web sites, even if First2Click Schools links to them as those web sites are not under First2Click Schools' control. First2Click Schools is not indicating any association with or providing, expressly or impliedly, any recommendation or endorsement in any way but solely providing a convenient link. If a F2C Participant accesses other web sites from the RCE and use their products and services then the F2C Participant does so solely at your own risk. If a F2C Participant suffers any damage from visiting another's web site or using another's product or service, First2Click Schools accept no responsibility and will be not liable.

 

8. INDEMNITY
Each F2C Participant agrees to indemnify and defend First2Click Schools, and each of our directors, employees, shareholders and other representatives, and everyone who helped First2Click Schools create or modify the First2Click System, for all damages, losses, penalties, fines, expenses, and costs (including legal costs) whether direct or indirect which arise out of or relate to use of the First2Click by a F2C Participant, any information that a F2C Participant provides to First2Click Schools via the RCE and any damage that a F2C Participant may cause to the First2Click System. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and misleading and deceptive conduct.

 

9. CONFIDENTIAL INFORMATION

Each F2C Participant must keep the Confidential Information secret, in a safe and secure place, protect and preserve the confidential nature and secrecy of the Confidential Information, and in particular, prevent third parties from gaining access to the Confidential Information except as required by law.

10. INTELLECTUAL PROPERTY RIGHTS
10.1 Copyright
(a) All material accessible via the RCE including design, text, graphics, the selection and arrangement thereof, and all software implementing the First2Click System is protected by copyright under the law of Australia and, through international treaties, other countries. The copyright in the First2Click System is operated under license by First2Click Schools and no F2C Participant has any rights other than the limited license granted whilst authorised to have access to the RCE via an First2Click Schools App.

(b) As part of the condition by which First2Click Schools allows an F2C Participant to upload information to the RCE, each relevant F2C Participant gives permission to First2Click Schools to copy, delete and distribute that material and subject to permissions granted by each relevant BSM, First2Click Schools also will give other users who have authorised access to the RCE the right to electronically copy the content in the usual course of operation of their web browser.

(c) Unless First2Click Schools gives a F2C Participant prior express written permission, any other use such as distributing, modifying, transmitting (including broadcasting), adapting, reusing, re-posting or publishing of material contained on the RCE is strictly prohibited. No F2C Participant has any permission to print out a copy of content from RCE and then make copies of that content, or email copies of content on the RCE to others. Unauthorised use of materials from the RCE will not only be a breach of this agreement but may amount to a violation of copyright, privacy and a contravention of other laws.

10.2 Trade Marks
First2Click Schools acknowledges that it has the legal right to display via the First2Click System all trademarks and service marks so displayed. No F2C Participant has any kind of licence or right to use such trademarks or service marks except by saving or printing out a copy of the relevant page displayed through the RCE as permitted under these rules.

 

11. LIABILITY
11.1 Exclusion of warranties
Subject to clauses 11.2 and 11.3 neither party makes any express warranties beyond those stated in this document. All conditions and warranties implied by statute or common law are, to the fullest extent permitted by law, expressly excluded.

11.2 Non-excludable provisions
If the Competition and Consumer Act (Cth) 2010 or any similar state legislation implies into these Rules any term, condition or warranty which cannot be excluded, then such term, condition or warranty will be implied into these Rules but only to the extent that it cannot be excluded.

11.3 Warranties implied by law
Subject to clause 11.4, if there is a breach of any term, condition or warranty referred to in clause 11.2, First2Click Schools limits its liability to the relevant F2C Participant(s) in relation to that breach to:

(a) in the case of goods, the replacement of the goods or the supply of equivalent goods; and

(b) in the case of services, the supplying of the services again.

11.4 Exclusion of liability
Notwithstanding any provision to the contrary in these Rules, each F2C Participant specifically acknowledges and agrees that First2Click Schools will not be liable for any consequential, indirect or special damages howsoever. For the purposes of this clause the term "consequential, indirect or special damages" includes any damage arising out of or in connection with any loss of business opportunity, loss of a job opportunity, loss of income or remuneration, loss of profits, loss of data, loss or damage to any person's reputation or organisations' reputation.

 

12. SUSPENSION
12.1. First2Click Schools may immediately suspend the access to the RCE by any F2C Participant if:

(a) the F2C Participant materially breaches any term of these Rules;

(b) First2Click Schools reasonably considers that the F2C Participant's access to the First2Click System is interfering with or is likely to interfere with the proper functioning of the First2Click System, including as a result of any malfunctioning of the F2C Participant’s computer system at any time;

(c) First2Click Schools reasonable believes that the credentials for a F2C Participant have been compromised;

(d) First2Click Schools is owed any outstanding money by a F2C Participant or any school connected with the F2C participant.

12.2. If First2Click Schools suspends a F2C Participant's connection to the RCE pursuant to clause 12.1, it will promptly notify the relevant F2C Participant.

12.3. If First2Click Schools is satisfied with the remedial action taken, First2Click Schools may lift the suspension implemented under clause 12.1 and notify the relevant F2C Participant accordingly.

 

13. CREDENTIALS
13.1. First2Click Schools will supply the F2C Participant, via the First2Click System, with his/her unique credentials (user name and password).

13.2. The F2C Participant must retain in a secure manner within their sole power, possession and control the credentials allocated to him/her via the First2Click System.

13.3. If First2Click Schools becomes aware that the credentials for a F2C Participant have been compromised First2Click Schools will as soon as practical following any suspension under clause 12.1(c) supply the relevant F2C Participant with a substitute credentials.

For the purposes of this clause compromise shall mean an unauthorised disclosure of or loss of control over (or suspected disclosure or loss) of the password such as would constitute a violation of the security policy implicit in the use of the First2Click System by the F2C Participant.

 

14. ASSIGNMENT OR NOVATION OF THIS AGREEMENT
A F2C Participant must not assign or novate or attempt to assign or novate these Rules by disclosing their credentials (user name and password) to any third party.

 

15. VARIATION
First2Click Schools may make any changes to these Rules at any time without notice to any person. Each time a F2C participant gains access to the First2Click System they will be bound by the rules as they then stand.

 

16. SEVERANCE
If a provision or any part of the Agreement is void or voidable by either party or unenforceable or illegal but would not be void or voidable or unenforceable or illegal as aforesaid if it were read down and it is capable of being read down, it will be read down accordingly.

 

17. NOTICES
Any notice, consent or other communication required to be given under this document by either party to the other shall be made in writing and may be served by email.

 

18. GOVERNING LAW & JURISDICTION
This Agreement is governed by the laws applicable in the State of Queensland and each party submits to the non-exclusive jurisdiction of the courts within that State.

 

19. REFUND POLICY

uniDap Solutions Pty Ltd has worked very hard at creating the First2Click Schools Online Web Job Market solution. However, we realise the solution may not be exactly what you expected or you may perceive it doesn’t quite work the way it is described. Should this rare occurrence take place, uniDap Solutions Pty Ltd will provide a full refund of the original quarterly subscription or quarterly subscription renewal, as the case may be, should you bring this to our attention within 2 Business Days from the transaction date.

We ask that you write your reason in the message box. Examples may include you not authorising the subscription, or the online solution is not working satisfactorily on your browser etc. If uniDap Solutions Pty Ltd, at its sole discretion, decides that your grievance is legitimate, you’ll get a refund within 3 Business Days of notifying us of your grievance. You’ll be contacted via email or SMS letting you know whether you are getting a refund or not. 

LINKS
ABOUT

info@first2click.com.au

Tel: 1300 837 721

Level 4, 196 Wharf St

Spring Hill QLD 4000

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