Terms and Conditions (Instructors)
1.1 These Registration Terms (the Terms) set out the terms that govern your use of the services offered via the Talentree website, which may be accessed via www.talentree.com.au (the Website). This document is a legally binding agreement between Talentree Pty Ltd A.C.N.613 965 209 (we, us, our, or Talentree) and you (the Instructor).
1.2 Talentree provides the Instructor with a platform to post classes (Listings) and to book in customers for their classes via the Website(the Service).
1.3 Your decision to apply for an account via the Website(the Account) means you acknowledge that you have read, understood and agree to be bound by the terms contained in this document. Your access to the services offered by Talentree is conditional upon your acceptance and ongoing compliance with these terms.
1.4 We reserve the right to amend, revise or modify these Terms at any time and without notice to you.
2. Your use of the Services
2.1 In order to use the Services, you must apply as an Instructor via the registration process on the Website or via an instructor application form as provided by Talentree.
2.2 By applying as an instructor, you agree that you are aged 18 years or over and have a valid ABN to operate as an independent service provider in Australia.
3.1 Membership occurs when Talentree creates an Account via the Website for the Instructor.
3.2 When applying for the account, you warrant that:
- you are at least 18 years of age;
- you will provide accurate, current and complete information;
- you are solely responsible for maintaining the confidentiality of your Account log-in information, such as username, password, and any other identifying information, and are solely responsible for all activities that occur under your Account;
- you will not use another person’s account without permission from the owner of that Account; and
- you will immediately notify Talentree of any unauthorised use of your Account or any other breach of security. Talentree will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
3.3 After your Account is created, you may change information relating to the Account and undertake to update details relating to your Account with true and accurate information at all times.
3.5 Membership entitles the Instructor to a non-exclusive, non-transferable right to access and use the Services, subject to the terms and conditions of this Agreement. The Instructor agrees to be solely responsible for any conduct associated with, or originating from, the Instructor’s Account.
4. Term of Agreement
4.1 The agreement between the parties that is governed by these Terms will continue until such time that a parties wishes to terminate pursuant to these Terms.
5.1 As an Instructor, you may be required to provide information, images and other material (Content) about Listings that you wish to advertise via the Website. You will be required to log in to your Account to provide Content.
5.2 You understand and agree that Talentree retains the right to review all Content and may, in our sole discretion, refuse and/or modify any Content contained in the Listings.
5.3 You agree not to upload or display in your Listings, Content that is offensive, indecent or objectionable.
5.4 You are solely responsible for ensuring that you do not breach any copyright laws (of any country) when uploading Content via the Website or the App. We will not accept any responsibility whatsoever in relation to copyright infringement caused by your Listings on the Website or the App.
6. Prohibited Conduct
6.1 In relation to our Services, you must not:
- use our Services for any activities, or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
- use our Services to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
- use our Services to send unsolicited commercial electronic messages;
- in any way tamper with, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website, or
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
7.1 Talentree may terminate this Agreement or your Account if, in the view of Talentree, the Instructor has committed any material breach of this Agreement and in the case of a breach capable of being remedied, has failed to remedy the breach within seven (7) days after the receipt of a written request from Talentree.
8. Relationship between parties
8.1 Our relationship with the Instructor is contractual only and does not create a relationship of employment, partnership or any other legal relationship. Consequently, Talentree cannot, and will not, be liable for any actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the Instructor and the use of their Account via the Website.
9. Representations and warranties
9.1 Subject to all applicable laws, the Services provided by Talentree are provided ‘as is’ and we make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
9.2 Talentree will use its best efforts, techniques and accepted standards in performing the Services. However, we do not warrant that the Services will achieve any specific outcomes.
10. Exclusions and limitations of warranty
10.1 To the extent permitted by law, Talentree will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:
- suspension or cancellation of a Instructor’s Account;
- your use of the Service;
- any interruptions or delays in accessing the Website or any third party websites; or
- circumstances beyond the reasonable control of Talentree
whether in contract, tort (including negligence) or otherwise.
10.2 All conditions and warranties, which may be implied by law into this Agreement, are excluded except to the extent that it would be unlawful to do so.
10.3 To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:
- the resupply of the Services; or
- the payment of the cost of having the Services resupplied.
11.1 To the fullest extent permitted by law, you agree to indemnify Talentree from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from your use of our Services.
12.1 The Instructor shall not assign, transfer or sub-licence any of its rights or obligations under this Agreement, except with the prior written consent of Talentree.
13.1 If any provision of the Agreement is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
13.2 All rights not expressly granted in the Agreement are reserved.
13.3 If we do not act in relation to a breach of the Agreement by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Agreement by you.
14. Venue and Jurisdiction
The Services offered by Talentree is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
15. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
18. Contact us
Please contact us at firstname.lastname@example.org if you have any questions relating to these Terms.
These Terms were last updated on 08 November 2016.