Terms of Use

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MyTeachingApp 

 

These Terms and Conditions (“Terms”) apply to all schools that register and subscribe to the MyTeachingApp platform (“App”). 

The App is owned and operated by Marc Philippe Grossman ABN: 31 231 404 382  (“Licensor”, “we”, “our”, “us”). 

By using this App, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our website or the App from time to time. If you do not accept these Terms, you are not permitted to use our App. 

We may modify and update these Terms at any time, without notice. You need to ensure that you review the Terms from time to time. The amended Terms will take effect from the next time you or one of your Users logs into the App. If you do not agree with the amendments, then you must stop using the App. The continued use of the App by you or your Users is subject to our current Terms as amended from time to time. 

 

1.DEFINITIONS 

ACL means the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). The ACL provides consumers with certain rights, guarantees, and remedies in relation to the supply of goods and services, including protections against unfair practices. These rights and guarantees cannot be excluded, restricted, or modified by any agreement or terms and conditions. 

Administrator means a member of the School’s administrative staff who is authorised by the School to access the App for the purpose of handling administrative tasks. These tasks may include, but are not limited to, managing teacher accounts, uploading teacher information, overseeing the registration and subscription process, and ensuring compliance with the School’s use of the App. Administrators act on behalf of the School to facilitate the effective use of the App by Teachers. 

App means the My Teaching App which allows the School to manage their continuing Professional Standards, education and qualification requirements as teachers, including by assisting them to undertake their yearly mandatory performance and development plans and goals in order to comply with the APST. 

APST means the Australian Professional Standards for Teachers in The Australian Professional Standards for Teachers (2011) © _Australian Institute for Teaching and School Leadership Limited (AITSL), Melbourne and Australian Teacher Performance and Development Framework (2012) © _Australian Institute for Teaching and School Leadership Limited (AITSL), Melbourne 

GST means the goods and services tax as defined in the A New Tax System (Goods and Services) Act 1999 (Cth). 

Intellectual Property Rights includes (a) legal rights in unregistered trademarks or registered trademarks under the Trademarks Act 1995 (Cth) or any equivalent statute; (b) rights recognised under the Designs Act 2003 (Cth) or any equivalent statute; (c) rights recognised under the Copyright Act 1968 (Cth) or any equivalent statute. 

Licence means the licence granted by the Licensor to the School and Users under these Terms to use the App for the Subscription Term.  

School means a school that has subscribed to and is licensed under these Terms to use the App for the benefit of its teaching staff. The School is responsible for managing its teachers' access to the App, ensuring compliance with relevant educational standards and requirements, and supporting their ongoing professional development, including the completion of mandatory performance and development plans and goals in accordance with the APST. 

Licensor means MyTeachingApp ABN: 31 231 404 382.

Software Upgrade means an upgrade, update, enhancement, improvement or patch to the App supplied by the Licensor. 

Subscription Fees means the annual fees paid by Schools for access to the App services. 

Subscription Term means the complete annual period during which Schools have access to the App, including any renewal period(s). 

Teacher means a teacher who is employed by the School and is authorised by the School to access and use the App under the School’s subscription. Teachers use the App to manage their continuing education, professional development, and qualification requirements as mandated by the relevant educational authorities. 

Terms means these Terms of Use.  

User means a Teacher or Administrator. 

We, Our and Us means the Licensor.  

 

1.    WORKING WITH SCHOOLS 

1. MyTeachingApp is a digital tool designed to support Schools and their teaching staff in managing and documenting professional development and accreditation requirements.  

2. Individual Teachers and Administrators are not considered separate users under these Terms; their access and use of the App is governed by the School’s subscription and oversight. 

3. MyTeachingApp is intended exclusively for use by Schools. Individual Teachers are not permitted to register or subscribe independently; all access to the App must be facilitated through a School’s subscription. 

 

2.    ACCESSING THE APP 

1. To use the App, a School must obtain a subscription and agree to these Terms. Individual Teachers cannot subscribe or register independently. 

2. Upon subscription, the School’s designated Administrators are granted access to the App. Administrators are responsible for setting up and managing the School’s account, including uploading Teacher information, creating individual Teacher accounts, and ensuring that login credentials are provided to Teachers. 

3. Teachers must use the login credentials provided by their School’s Administrators to access the App. Personal email addresses are not permitted; Teachers must use their official School email addresses. Failure to use the official School email address will disqualify the Teacher from using the App. 

4. Schools are required to provide their official mobile phone number during registration to allow us to verify their details using SSL (Secure Sockets Layer) technology. 

5. The School is responsible for making the full payment within 30 days of registration. Full payment is required before any Teacher is granted access to the App.  

6. Teachers use the App to track their continuing education, professional development, and qualification requirements. The App allows them to log evidence of their work, monitor their progress, and ensure compliance with relevant educational standards. 

7. Administrators can oversee the usage of the App, ensuring that Teachers are meeting their professional development goals and managing any administrative tasks required by the School. 

8. The App securely stores all data related to Teacher accounts and professional development activities. Teachers’ data is retained even if they move to a different School, allowing them to carry their records with them and maintain their compliance with the professional development obligations.  

 

3.    LICENCE 

1.    Subject to the School agreeing to these Terms and paying the applicable Subscription Fees, we grant a non-exclusive and non-transferable licence (“Licence”) to the School and the Schools authorised Users to: 

a.    Download the App; 

b.    Install the App on mobile devices provided that access is restricted to the School’s authorised Administrators and Teachers;  

c.    Create and manage sub-accounts for individual Teachers, allowing them to access and use the App under the School’s Licence;  

d.    Use the App on mobile devices, such as smart phones and tablets - either iOS or Android operating systems for the Licence Term, solely for the purpose of managing the professional development, accreditation requirements, and related activities of the School's teaching staff; and  

e.    Ensure that each authorised Teacher and Administrator uses the App in compliance with these Terms, and that no unauthorised users are permitted to access the App. 

2.    The Licence does not permit the School or its Users (Administrators and Teachers) to install or use the App on a network or shared drive accessible by unauthorised users, unless written permission is provided by us (the Licensor). 

3.    We are provided with a licence to use the materials and content of APST (‘Content’) by AITSL who owns the copyright in this material. We do not make any warranties, representations, and exclude all terms or conditions whether express or implied, oral, written, statutory or otherwise relating to the Content including any implied warranty of fitness for a particular purpose. You use and rely on this Content at your own risk. 

4.    This Content is prohibited from, and you agree you will not permit: downloading, re-publication, re-transmission, reproduction, adaptation, modification or other use of the Content as a stand-alone file other than required for access and use of the App services as contemplated under these Terms. 

 

4.    SUBSCRIPTION FEES 

1.    We grant the School a non-exclusive, non-transferable Licence to use the App upon payment of the Subscription Fees. The Subscription Fees are determined by the following 

a.    Early Learning institutions for children 0 to 5 years: $2,750 per year 

b.    Rural and Remote schools having fewer than 10 teachers: $1,750 

c.    Primary schools (K to 6): $4,750 per year 

d.    Secondary schools, including Distance Education schools $5,750 per year 

 

2.    Invoices and payment information are provided on the website: www.myteachingapp.com.au.  

3.    The Subscription Fee must be paid in full within 30 days of registration and is required in advance before any Teachers are granted access to the App. The Subscription Fee covers the Licence Term of 12 months, regardless of how active or inactive the teaching staff may be in using the App. 

4.    No separate subscription or licence fee applies to individual Teachers authorised by the School to use the App. Access to the App is strictly managed by the School’s Administrators. 

5.    The School agrees that once the Subscription Fee is paid, the Licence is non-refundable, and no credits will be provided for any unused portion of the Subscription Term, except in accordance with the “Cancellation and Termination by the School” clause of these Terms. 

6.    For security and accounting simplicity - the only way schools can pay for the Subscription is by using a direct bank transfer to MyTeachingApp's bank account .

 Account name: Marc Grossman t/as MyTeachingApp

 BSB: 082-356 (NAB)
Account number: 278134804 

ABN 31 231 404 382.

Note: when transferring the funds to pay for the school's 12 months subscription, the reference number for the bank transfer is the school's name including the State or Territory in Australia

7.    Subscription Fees set out or referred to in the invoices or on the Website are exclusive of GST and other governmental charges, which will be added to the fees where applicable. 

8.    If auto-renewal is selected, the Subscription will automatically renew at the end of the Licence Term, ensuring continuous access to the App and all related features. Auto-renewal will charge the applicable Subscription Fee based on  

9.    (a) pre-school institutions for early childhood learning institutions;  

10.    (b) rural and remote schools in every State and Territory (fewer than 10 teachers) 

11.    (c) primary schools  

12.    (d) and high schools,  

13.    at the time of renewal.  

 

5.    UNAUTHORISED USE 

1.    The School and its authorised Users (Administrators and Teachers) must not: 

a.    Copy or reproduce the App or any part of the App other than in accordance with the Licence granted under these Terms;  

b.    Sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish the App or any part of the App;  

c.    Modify, alter, adapt, translate, or edit, or create derivative works of the App or any part of the App;  

d.    Reverse engineer, decompile, or disassemble the App or any part of the App;  

e.    Circumvent or remove, or attempt to circumvent or remove, the technological measures applied to the App for the purposes of preventing unauthorised use; or  

f.    Use the App to transmit any viruses, malware, worms, or other harmful code of any kind, or upload, post, host, or transmit unsolicited material or messages. 

2.    The School must ensure that only authorised Users (Administrators and Teachers) use the App. The School is responsible for ensuring that no other person is permitted to access or use the App or exercise any of the rights granted by us under these Terms. 

3.    Any unauthorised use of the App may result in the immediate suspension or termination of a User’s and/or the School’s access to the App, without notice, and may result in legal action. 

 

6.    SUPPORT 

1.    We and our authorised agents are solely responsible for providing support and maintenance for the App subject to the following: 

a.    The School must promptly apply any Software Upgrade released by us and made available by us to the School and the Users from time to time; 

b.    We will have no obligation to provide support for the App under this clause or repair or replace the App if the App does not incorporate the most recent Software Upgrade; and 

c.    We will provide email support to the School and the Users during the Subscription Term for the purpose of resolving issues with the App raised by the School using the App as intended and in accordance with these Terms.  

2.    The School and Users acknowledge that: 

a.    Our obligation to provide support is subject to such limits (as to time spent in relation to an issue and in relation to the School or User in aggregate) as we may determine from time to time;  

b.    Our sole obligation under this clause is to make reasonable commercial endeavours to resolve issues raised by the School or the User; 

c.    We do not warrant or represent that issues raised will be resolved by means of the support services; and 

d.    We will not provide any on-site support for the App.  

3.    We may subcontract any of our obligations under this clause to any third party.  

 

7.    RESPONSIBILITIES 

1.    The School is responsible for ensuring the accuracy of the information uploaded, sent or linked to the App.  

2.    The School is responsible for viewing and responding to the Teacher’s APST information on the App within a timely manner.  

3.    We are not responsible for any of the responsibilities in this clause. We do not warrant nor are we responsible for the accuracy of any information uploaded, sent or linked by any School or User at any time. 

 

8.    CANCELLATION AND TERMINATION BY THE SCHOOL 

1.    The School is solely responsible for cancelling the subscription to use the App if they no longer wish to use the App. This can be done through the App or by notifying us using our provided contact details.  

2.    Cancellation of the subscription by the School will result in the termination of the Licence granted to both the School and all its authorised Users (Administrators and Teachers). 

3.    Users are not able to terminate the Licence individually. Termination of access for any User can only occur if initiated by the School through the cancellation of the subscription or by revoking the individual User’s access rights. 

4.    The School must cancel the App at least 7 days prior to the end of the Subscription Term to ensure that they are not charged the Licence Fee for the next period.  

5.    Refund Policy: If the School cancels the subscription, the following refund schedule applies: 

a.    Cancellation within 30 days of payment: 100% refund of the Licence Fee. 

b.    Cancellation within 60 days of payment: 50% refund of the Licence Fee. 

c.    Cancellation after 60 days of payment: No refund, (unless required by the ACL or other applicable laws).  

 

9.    CANCELLATION AND TERMINATION BY US 

1.  We reserve the right to cancel the School’s subscription and terminate its access to the App, including the access of any Users under the School’s account, if the required Fees are not paid when due. If payment is not received within the specified period, we may, at our sole discretion, suspend or terminate the Licence without further notice. The School and its Users will immediately lose access to the App and all related services, and no refunds will be issued for any Fees already paid. 

2.  The School agrees that we may, in our sole discretion, terminate or suspend the School’s access, and the access of any User under the School’s account, to all or part of the App with or without notice for any reason, including, without limitation, breach of these Terms by the School or any of its Users. Any suspected fraudulent, abusive, or illegal activity by the School or its Users may be grounds for terminating the School’s relationship with us and may be referred to the appropriate law enforcement authorities. 

3.  If we have reasonable grounds to suspect that the School or any of its Users has breached these Terms, if any content under the School’s account is offensive, or for any other reason, including if, in our opinion, the School or any of its Users has misused the App or compromised its use for others, we have the right, in our sole discretion, to immediately terminate the Licence. We may also deny future use of our App to the School and its Users and are not obligated to return any payments made. 

4.  Upon such termination, regardless of the reasons, the School’s and its Users’ right to use the App and related services immediately ceases. The School acknowledges and agrees that we may immediately deactivate or delete the School’s account, along with all related information and data. We may also bar the School and its Users from any further access to our App. We will not be liable to the School, any of its Users, or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. 

5.    We may, but are not obligated to, remove any content under the School’s account that we determine, in our sole discretion, may be unlawful, offensive, defamatory, obscene, or otherwise objectionable, or that violates a third party’s intellectual property or these Terms. 

 

10.    MODIFICATION OR TERMINATION OF APP 

1.    We reserve the right at any time and from time to time to modify or discontinue the App, either temporarily or permanently, with or without notice. If we permanently discontinue the App or if a modification renders the App unusable for the School, we will refund any Fees on a pro rata basis for the period during which the School is unable to use the App. Aside from this pro rata refund, we will not be liable to the School, any User, or any third party for any modification, price change, suspension, or discontinuance of the App. 

2.    From time to time, we may issue an update to the App that may add, modify, and/or remove features. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek the School’s agreement to the new permissions at that time, and the School may choose to accept or decline them. 

 

11.    WARRANTIES AND ACKNOWLEDGEMENTS BY THE SCHOOL 

1.  The School warrants that: 

a. All material the School uploads, sends or links to the App is accurate, reliable, up-to-date, lawful, and not misleading and complies with applicable laws, codes and regulations; and 

 

b. The School will ensure that all information it provides directly to the App is kept accurate and updated as necessary for the purposes of the App. 

 

2. The School acknowledges that we do not verify the information provided by Teachers. It is solely and only the responsibility of each individual Teacher to input their professional work, professional development, and other related information into the App. The App facilitates the retrieval of such data for the Teacher’s use but does not verify its accuracy or completeness. 

3. The School acknowledges that it is up to the School to take any reasonable steps to ensure that Teachers understand it is their obligation to submit only information to the App that is accurate, reliable, up-to-date, lawful, and not misleading, and that if Teachers submit false or misleading information this could adversely affect their professional registration and standing. 

 

12.    PRIVACY AND SECURITY 

1.  We use Amazon Web Services (AWS) for hosting. We take security and safety very seriously, ensuring that all data is securely stored and managed in compliance with industry standards. 

 

2. We are committed to protecting the privacy of Schools and Users. We, at all times, respect the privacy and confidentiality of personal information provided to us and we will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principle in relation to our collection, use and disclosure of personal information. 

 

3. We may be required, in certain circumstances, to disclose personal information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our agreements with Schools and Users; or to protect our rights, property or safety or of our customers or third parties. 

 

4. We reserve the right to disclose the name and any other personal information of any Schools and Users to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, and investigation of any breach, alleged breach of the law or these Terms. 

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13.    DATA RETENTION 

1.   While we take reasonable measures to secure and protect the data submitted to the App, we do not guarantee that data will not be lost, corrupted, or otherwise compromised. It is the sole responsibility of Teachers, Administrators, and Schools to regularly back up and save copies of any data they submit to the App. We are not liable for any loss or damage to data, and it is essential that all users take appropriate steps to safeguard their information. 

 

2.   If a Teacher is no longer part of the School, or if the School’s subscription to the App is terminated, the following data retention policies apply: 

 

a.  For Schools: Teacher data will be retained for a period of 10 weeks (one full school term) following the termination of the School’s subscription. During this period, Teachers will have the opportunity to print out a hard copy of all their written evidence, observations, discussions, and accreditation maintenance records. 

b.  For Individual Teachers: If a Teacher is no longer part of a School, their data will be retained for 12 calendar months to allow time for reintegration into a new School and/or to print out a hard copy of their professional development and engagement work. 

3.   After the retention periods specified above, all Teacher data will be permanently deleted from the App. It is the responsibility of the Teacher to ensure that they have retained all necessary records before the data is deleted. 

 

14.    INTELLECTUAL PROPERTY 

1.    Each party owns and will continue to own all Intellectual Property that was proprietary to them prior to using the App. All Intellectual Property Rights in the App are and will remain, as between the parties, the property of us (the Licensor). All third-party Intellectual Property owned by the third party for the purposes of delivering the App remains with the third party at all times.  In the event of any dispute of Intellectual Property Rights, we retain and have full rights solely for any investigation, defence, settlement and discharge of any such claim by any third party.   

2.    All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to us.  

3.    All other trademarks or service marks within this App are the property of their respective owners. Nothing in these Terms grants a School or User any right to use any trademark, service mark, logo, and/or our name or that of any other owner. 

4.    Schools and Users are solely responsible for obtaining permission before reusing any copyrighted material that is available on the App. Any unauthorised use of the materials appearing on the App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. 

 

15.    DISCLAIMER 

1.    We are a facilitator only for the purposes of assisting Schools and Teachers with the management of the continuing standards, education and qualification requirements of Teachers. This includes assisting Teachers to undertake their yearly mandatory performance and development plans and goals in order to comply with the APST on the App.  

 

2. We have no formal role or responsibility in relation to any Registration Authorities, including the maintenance of accreditation for Teachers. The use of the App is intended as a tool to assist Schools and Teachers, but it does not replace or fulfill any formal obligations required by such authorities. 

 

3. Accreditation is the responsibility of individual Teachers, with Schools and their Administrators having an obligation to support their Teachers in meeting accreditation requirements. The App is intended to assist in this process but does not assume or transfer any legal responsibilities related to accreditation. 

 

4. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy or reliability of any information that Schools or Users may access via the App. Schools and Users agree to rely on such information at their own risk and to make their own enquiries before relying on any such information.  

 

5. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or preservation of any information uploaded, sent, or linked by the School or its Users using the App. 

 

6. We are not responsible for any loss, corruption, or unavailability of information stored on the App, and it is the sole responsibility of the School and its Users to back up and safeguard their data. 

 

7. We make no warranty or guarantee that the use of the App will ensure compliance with the APST or any Teacher achieving accreditation, certification or any other results under the APST; or 

 

8. We make no warranty or guarantee that the use of the App or any reliance on the APST will meet any other requirements of any School or User.  

 

9. We do not guarantee any specific results, certification, or compliance with professional standards as a result of using the App. It is the sole responsibility of the School, its Administrators, and Teachers to ensure that they meet all relevant requirements. We are not responsible for notifying Teachers or Users if they do not meet these requirements. 

 

10. We are in no way associated or affiliated with the Australian Institute for Teaching and School Leadership nor the APST in any manner other than in accordance with these Terms. 

 

11. We will use our best endeavors to ensure the App is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify the School if the App becomes unavailable for any lengthy or unusual time period. 

 

 

16.    AUSTRALIAN CONSUMER LAW 

1. The Australian Consumer Law (“ACL”) may apply to the use of the App and services provided by us in certain cases. The ACL may provide Schools with statutory rights, including guarantees that cannot be excluded, restricted, or modified by these Terms.  

 

2. To the extent that the ACL applies, nothing in these Terms is intended to exclude, restrict, or modify any of the rights that Schools may have under the ACL. 
 

3. In the event of any inconsistency between these Terms and the rights available under the ACL, the provisions of the ACL will prevail. 

 

 

17.    LIABILITY 

1.    The School’s and its Users’ use of the App and any of our services is done at their sole risk. The App and services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App will meet the School’s or Users’ requirements or that they will be available on an uninterrupted, secure, or error-free basis. 

 

2.  In addition, the School agrees and acknowledges that we are not liable for any direct, indirect, consequential, or incidental loss or damage that may result from the School’s or Users’ use of the App or our services. 

 

3.  By using this App and our services, the School and its Users agree that we are not liable for any (i) inaccuracy, error, or failure of the App; or (ii) any loss or damage, including any consequential, indirect, incidental, special, or direct loss or damage arising from any download or use of the App, including any virus or other damage to our systems. 

 

4.  To the extent that we are able to limit the remedies available under the ACL or other applicable laws, all conditions and warranties that may be implied by the ACL are expressly excluded. All other conditions, warranties, or guarantees which may be implied by custom, or any statute other than the ACL, are expressly excluded by these Terms. 

 

5.  We expressly limit our liability to Schools and Users for breach of a non-excludable statutory guarantee under the ACL to the following remedies: 

 

a.    The supply of the goods or services again; or 

 

b.    The payment of the cost of having the goods or services supplied again. 

 

6.  In all cases, our liability is limited to the last Subscription Fee paid by the School. 

 

7.  Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. 

 

8.  The School agrees that it is responsible for ensuring that the App is suitable to meet its requirements and the requirements of its Users before using or continuing to use the App. 

 

 

18.    INDEMNITY 

 

1.  The School agrees to indemnify us, any affiliates, and the respective directors, officers, employees, independent contractors, agents, and successors from and against any and all losses, expenses, damages, costs, claims, liabilities and expenses (including all reasonable legal fees) arising out of or related to: 

 

a.    The School’s or its Users’ use of the App; 

b.    The School’s or its Users’ violation of these Terms; 

c.    Any content uploaded, shared, or transmitted by the School, its Administrators, or Teachers through the App that infringes on the intellectual property rights, privacy, or other rights of any third party; 

d.    Any defamatory, unlawful, or otherwise objectionable content uploaded or shared by the School, its Administrators, or Teachers; 

e.    Any breach of applicable laws, regulations, or these Terms by the School, its Administrators, or Teachers; and 

f.    Any other third-party claims resulting from the School’s or its Users’ use of the App. 

 

2.  The School agrees to assume and take over control of any demand, claim, or action arising hereunder in connection with the App in the event of any action resulting directly or indirectly from the School’s or its Users’ use of the App or our Services, or any breach of the Terms. 

 

19.    DISPUTES 

1.    All disputes regarding content, use, accuracy of information or any other similar issue of service between the School and any of the School’s Users are to be dealt with between the School and User directly. We are at no time to be involved in any conflict or dispute relating to such use, content or issues between the parties. 

 

20.    RELATIONSHIP 

1.    No agency, partnership, joint venture, or employment is created as a result of these Terms, and the School and the School’s authorised Users do not have any authority of any kind to bind us (the Licensor) in any respect whatsoever. 

 

21.    COMPLIANCE WITH PROFESSIONAL STANDARDS 

1.    All Teachers using the App are required to acknowledge their understanding of and compliance with the relevant professional standards. By using the App, Teachers confirm that they agree with the following: 

 

a.    Standard 7.1.2: I will “meet the codes of ethics and conduct established by regulatory authorities, systems and schools "throughout the Commonwealth of Australia (NESA (NSW); TQI (ACT); TRB (NT); QCT (QLD); TRB (TAS); TRB (SA); VIT (VIC); TRBWA (WA), as well as the requirements of my respective educational system, whether government, religious, or independent." 

 

b.    Standard 7.2.2: I “understand the implications of and will comply with relevant legislative, administrative, organisational, and professional requirements, policies, and processes.”  

 

22.    COMPLIANCE BY TEACHERS AND ADMINISTRATORS 

1.    It is the School's responsibility to ensure that all Teachers and Administrators who access the App under the School’s subscription understand and comply with the obligations set out in these Terms.  

2.    The School will be held responsible for any act or omission by a Teacher or Administrator that would constitute a breach of these Terms if committed by the School itself.  

3.    The School acknowledges that it is liable for ensuring that its Users adhere to all applicable requirements and that any breach by a User will be treated as a breach by the School. 

 

23.    GENERAL 

1.    The School agrees and acknowledges that the App and any internet server used to deliver the App and any associated website we own may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage as well as anything related to run the App. 

2.    No breach of any provision of these Terms will be waived except with the express written consent of the party not in breach. 

3.    If a clause of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of these Terms will continue in effect. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted). 

4.    We (the Licensor) may freely assign the Licence and/or its rights and/or obligations under these Terms without the School’s consent. Except as expressly provided in these Terms, the School and the User must not assign, transfer, charge, license or otherwise dispose of or deal in the Licence and/or any its rights and/or obligations under these Terms.  

5.    These Terms constitute the entire agreement and understanding of the parties in relation to the subject matter of the Terms, and supersede all previous agreements, arrangements and understandings between the parties relating to the subject matter of the Terms.   

 

24.  GOVERNING LAW 

1.    These Terms are governed by the laws of New South Wales which are in force from time to time and both parties agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms. 

 

25.  CONTACT US 

To contact us about these Terms or to seek further information, you may write to us at info@myteachingapp.com.au

 

 

26.    EFFECTIVE DATE 

These Terms were last updated on 24th December 2025 and are effective from that date. 

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