Terms and conditions
ClassBento is a Website connecting Teachers with prospective Students. Teachers can advertise their services via individual pages and Students can search for and make direct contact with appropriate Teachers. ClassBento is not an employment agency and we are not involved in any employment or other relationship between Teachers and Students.
Teachers are wholly responsible for complying with all applicable laws in relation to their employment relationship with Students.
ClassBento is not responsible for the conduct of any User of the Website, either online or offline.
B. For that reason these Terms are important and you should ensure that you read them carefully and contact ClassBento with any questions before you use the Website. Please contact ClassBento at [email protected]
C. By using the Website you acknowledge and agree that you have read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.
1.1. “Confidential Information” means any information of ClassBento, or of another User which is designated as confidential or which is of a confidential or sensitive nature, which is marked or denoted as confidential or which a reasonable person to whom that information is disclosed or to whose knowledge the information comes would consider confidential.
1.2. “Content” means anything that is uploaded, posted or otherwise transmitted through the Website, and when it is introduced to the Services by you, it is your Content.
1.3. “Intellectual Property” means all intellectual property rights (including, without limitation, all registered and unregistered copyright, designs, trade marks and patents) of any nature in any technology, trade secrets, User lists, User details (including, but not limited to, User emails, telephone numbers and addresses) and User-related information, software, program, inventions, designs, works and subject matter belonging to ClassBento.
1.4. “Introductory Fee” means the portion of each Student’s booking fee to be retained by ClassBento. The Introductory fee is also sometimes referred to as ‘margin’ and ‘commission’ on the Website.
1.5. “Membership” means an application to ClassBento, through the Website, for a User name, account and password.
1.6. “Membership Data” means any information provided by you to ClassBento in any registration form on the Website or otherwise.
1.7. “Services” means the platform allowing a Teacher and a Student to connect through the Website.
1.8. “Student” means a user who is seeking assistance in learning a class through the Website.
1.9. “Third Party” means an entity other than ClassBento or its subsidiaries.
1.10. “Teacher” means a user who is seeking to provide teaching services of a class through the Website.
1.11. “Teacher Registration” means an application to ClassBento for a username and a password to become a Teacher and advertise teaching services on the Website.
1.12. “Tiered Price” means the discounted price per Student that is paid when a Student books a class for a multiple number of Students.
1.13. “User” means a Student, Teacher, or any other party who accesses the Services, regardless of the nature of that access or if that party is or is not identified to ClassBento.
1.14. “You” means the Student, Teacher, or any other party currently accessing the Services.
2.1. These terms prevail in the event that anything in, or associated with, the Website is inconsistent with these Terms.
2.2. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
2.3. These Terms and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
2.4. ClassBento is not liable whatsoever to you for any direct or indirect losses and/or expense (including loss of profit) suffered by you arising out of a breach by ClassBento of these Terms, including ClassBento’s negligence.
2.5. The failure by ClassBento to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect ClassBento’s right to subsequently enforce that provision.
2.6. ClassBento may provide any notice required under these Terms by publishing the notice on the Website (“Notice”).
2.7. ClassBento may amend or vary these Terms at its sole discretion by giving Notice, and the varied Terms are to take effect immediately upon Notice being given. Your continued use of the Website after any variation of these Terms will be deemed to constitute your acceptance of the varied Terms. If you do not accept the varied Terms, please discontinue your use of the Website and/or terminate your Membership.
2.9. We have not vetted, and we do not make any recommendations for, Teachers listed on the ClassBento Website. Students are wholly responsible for all aspects of contacting, screening, selecting and employing a Teacher.
3. Licence to use Website
3.1. ClassBento grants you a non-exclusive, non-transferable licence to use the Website and Services in accordance with the terms and conditions set out in these Terms.
3.2. The Website may contain links to other websites and may from time to time contain content added by a Third Party. ClassBento does not endorse, sponsor or approve any such user generated content or any content available on any linked website. ClassBento expressly disclaims all liability for any Content transmitted or posted on the Website, or otherwise transmitted to any User by any other means, or by any person, including your reliance on such Content.
3.3. You acknowledge and agree that:
(a) ClassBento retains complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in its sole discretion; and
(b) the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
4.1. It is solely the obligation of the Student to select an appropriate Teacher according to their needs having regard to the Teacher’s self-reported qualifications, education and experience, as well as reviews from other Students. You acknowledge and agree that ClassBento does not make any representations or warranties regarding the quality or qualifications of any Teacher listed on the Website, nor does ClassBento make any representation or guarantee that Students will find a suitable Teacher via the Website or that Teachers will be available for employment in any geographical location.
4.2. It is solely the responsibility of the Student, if he or she is bringing anyone under the age of 18 to the Teaching session, to ensure that the Teaching session is supervised by a responsible adult.
4.3. It is solely the responsibility of the Student to exercise caution and consider personal safety when interacting with and meeting other Users of the Website.
4.4. Without limitation to clause 10, Students acknowledge and agree that the classes are taught at a venue selected in the sole discretion of the Teacher and accept any risk associated with travelling to and from the venue or any alternative venue and any risk in participating in the class whilst at the venue or any alternative venue. In this respect, ClassBento shall not be held liable for any loss, damage or injury to the Student, Teacher or any of their property.
4.5. You may be entitled to a refund if the Teacher’s class was not provided at the scheduled time of the Student’s booking.
4.6. If refunds are made on a Tiered Price basis your refund will be processed at the Tiered Price rate selected at the time of the booking.
4.7. You acknowledge and agree that:
(a) no refunds will be given if you change your mind;
(b) when refunding a transaction that partially used credits, ClassBento will at its discretion refund you in any combination of credits and money, with the credit component being up to the value of the credits used in the transaction; and
(c) refunds will occur within a reasonable time if your request for refund is accepted.
4.8. You acknowledge and agree that:
(a) Credits received from ClassBento do not expire unless you have been otherwise notified by ClassBento;
(b) If you are notified that the Credits do expire, the expiry date may be amended or varied by ClassBento at any time by notice; and
(c) The exchange rate between points and credits may be amended or varied by ClassBento at any time by notice.
5.1. A Teacher will not be required to pay a registration fee or any costs for advertising their class on the Website.
5.2. ClassBento will retain part of each Student’s booking fee for the Teacher’s class as an Introductory fee. The Teacher will be paid within two (2) business days of when teaching services were provided. The Teacher will be paid the Student’s booking fee less ClassBento’s Introductory fee and the amount of any refunds.
5.3. ClassBento’s Introductory fee may be varied at any time by agreement between ClassBento and the Teacher.
5.4. A Teacher acknowledges and agrees that they are not an employee, partner or agent of ClassBento and that they shall have no authority to act for or to bind ClassBento in any manner whatsoever.
5.5. Teachers further acknowledge and agree that they should not hold themselves out to be agents, employees or partners of ClassBento.
5.6. ClassBento does not make any representation or guarantee that Teachers will secure business from Students via the Website.
5.7. It is solely the obligation of the Teacher to:
(a) acquire any qualifications required to perform the services at the Teacher’s sole expense;
(b) exercise caution and consider personal safety when interacting and meeting with Students; and
(c) control the methods, materials and all aspects required to perform the services.
5.8. At the sole discretion of ClassBento, a Teacher’s class may be removed from the Website if complaints are made by Students.
5.9. A Teacher must not encourage or solicit a Student to pay for any teaching services outside of the operation of the Website with the intention of depriving ClassBento of the Introductory fee.
6. Conduct and Obligations
6.1. By accepting these Terms, you are representing that you:
(a) have the capacity to accept these Terms;
(b) will maintain the security and confidentiality of your account, login details, password and identification; and
(c) will provide, or have provided, and will maintain and promptly update the Membership Data and ensure that information provided is accurate, current and complete.
6.2. You are solely responsible for the Content and all activities that occur under your Membership. You agree not to upload, post, or otherwise transmit Content that:
(a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, sexist, threatening, violent, offensive, abusive, vulgar, profane, indecent, unlawful, harassing, or otherwise objectionable to ClassBento or other Users of the Website, including any Content which is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation and/or any physical or mental disability;
(b) exploits another person in any manner;
(c) includes unauthorised disclosure of personal information;
(d) advertises services for non-individuals or for any other reason which is not aligned to the purposes for which the Services are intended;
(e) violates or infringes anyone's intellectual property rights; or
(f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6.3. You must immediately notify ClassBento of any unauthorised use of your account, login and/or password.
6.4. You must ensure you completely sign out of your account at the end of every session where you use the Website, and ensure that all personal data has been deleted from the system.
6.5. ClassBento may, but is not obliged to, at any time request a form of identification to verify your identity and/or your compliance with these Terms.
6.6. ClassBento reserves the right to edit or remove Content that violates these Terms, that contains Third Party commercial advertisements, or for any other reason it deems necessary in its absolute discretion.
7. Confidential Information
7.1. You agree to keep the Confidential Information of ClassBento and any other User confidential and to use or disclose such information only for the purposes as authorised by the owner of the Confidential Information.
7.2. The obligations of confidentiality in clause 7.1 will not apply to information which:
(a) is generally available in the public domain except where such availability is as a result of a breach of these Terms;
(b) was known prior to the disclosure of the information by you; or
(c) is required to be disclosed by an applicable law or court order.
8. Intellectual Property Rights
8.1. Nothing in these Terms constitutes a transfer of any Intellectual Property rights. You acknowledge and agree that, as between you and ClassBento, ClassBento owns all Intellectual Property rights in the Website.
8.2. By using the Services, posting or adding any content onto the Website, you grant ClassBento a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Content in any way (including, without limitation, reproducing, changing, and communicating the Content to the public) and permit ClassBento to authorise any other User to do the same thing if ClassBento chooses to do this.
8.3. You represent and warrant to ClassBento that you have all necessary rights to grant the licences and consents set out in clause 8.2.
8.4. All Teachers warrant that they have the right or have obtained the necessary permission to utilise any material or content for the purposes of teaching their classes. ClassBento will not be held liable for a Teacher’s infringement of any legal entity’s Intellectual Property rights.
8.5. You must obtain express written permission from ClassBento if you wish to reproduce any aspect of the Website or other Intellectual Property owned by ClassBento.
9. Termination and Suspension
9.1. The Terms will continue in force until such time that they are varied or replaced, but ClassBento may terminate the Terms or the Website at any time and without prior Notice.
9.2. ClassBento may suspend or terminate any User from using the Website without Notice.
9.3. ClassBento reserves the right to change or discontinue any service or feature on the Website in whole or in part at any time in its sole discretion.
9.4. ClassBento reserves the right to change pricing for any chargeable service or feature on the Website at any time, and will provide Notice in accordance with these Terms where the price is varied.
10. Limitation of Liability
10.1. You will be responsible for and will indemnify ClassBento against liability for all loss, damage or injury to persons or property caused by you, or your employees or agents, and the amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by ClassBento in respect of any such loss, damage or injury will be made good at your expense.
10.2. ClassBento shall not be liable to you in respect of any losses suffered or incurred by you arising out of or in connection with the provision of the Services, including but not limited to, the failure of a Student to make payment to a Teacher.
10.3. You shall be liable for any loss, damage or injury to any party or parties (including ClassBento and other Users) resulting from your negligent acts or omissions through your use of the Services and shall indemnify and keep indemnified ClassBento against any claim or claims made against it.
10.4. ClassBento reserves the right, but has no obligation, to monitor disputes between Users of the Website. You agree to hold ClassBento harmless in connection with any dispute or claim that you make against any other User of the Website.
10.5. Without limitation to the foregoing, you agree that ClassBento’s liability, if any, arising out of any kind of legal claim or action in any way connected to the Services or the Website our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Website purchased by you during the term of your Membership.
11. Disclaimer of Warranties
11.1. You acknowledge that ClassBento makes no representation or warranty:
(a) that your access to the Website (including any Third Party applications or payment platforms on the Website) will be, timely, secure, uninterrupted and/or error-free;
(b) that any defects on the Website will be corrected;
(c) that any information disclosed on the Website will be accurate, up to date, complete or useful; or
(d) that the Website or the server which stores and transmits the Website to you are free from viruses or any other harmful components.
12. Assumption of Risk
12.1. You agree and understand that you assume all risks when using the Website, including without limitation any and all of the risks associated with any online or offline interactions with other Users and all risk for any damage to your computer system or loss of data.
13.1. You agree to indemnify, and continually indemnify, ClassBento in relation to all claims, actions, liabilities, costs, losses and expenses (including legal costs on a full indemnity basis) that ClassBento incurs as a result of your use of the Services, and/or from your failure to comply with these Terms.
14. Advertisements and Promotion
14.1. ClassBento may run advertisements and promotions from a Third Party on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than ClassBento found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. ClassBento is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third Party advertisers on the Website.
ClassBento Pty Limited (ACN: 613 102 499) (“ClassBento”) provides users with:
(a) the classbento.com.au website (“Website”); and
(b) any of ClassBento’s services made available on the Website.
(together, the “Services”)
In order to effectively optimise use of the Services, ClassBento needs to collect personal information from each user, and process that personal information. ClassBento may use common technologies such as cookies and web beacons to keep track of users’ interactions with the Website to improve the quality of its Services. ClassBento may also collect your Internet Protocol (IP) address to track and aggregate non-personally identifiable information, your referring website addresses, browser type, domain name, and access times.
How Your Information is Used
(a) Information you provide – When you register for the Website, you may be required to provide personal information. ClassBento may utilise the information you submit under your account in order to provide you with a better experience and to improve the quality of ClassBento’s Services and/or if required to dislcose this information to satisfy any applicable law, legal requirement, police investigation or request from a Government authority. At its sole discretion, ClassBento may share your personal information with third parties who provide services which are complementary to the Services provided by ClassBento.
(b) Payment Information – You may be required to provide additional personal information (including proof of identification documents) to ClassBento’s third party payment applications such as Stripe and Paypal. ClassBento does not store payment details directly and you expressly acknowledge and agree that ClassBento is not liable for any loss of personal information resulting from a breach of security of the Stripe and Paypal platforms.
(d) Log information – When you access the Services, ClassBento’s servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, IP address, browser type, browser language, the date and time of your request, and one or more cookies that may uniquely identify your browser or your account.
(e) Communications – When you send email or other communications to ClassBento, ClassBento may retain those communications in order to process your inquiries, respond to your requests and improve ClassBento’s Services. ClassBento may use your email address to communicate with you about ClassBento’s services. ClassBento may send email or other communications to any person whose email address or contact details have been provided to ClassBento by a former or current user of the Website. If you do not wish to receive these emails or other communications, you must contact ClassBento at [email protected]
In addition to the above, ClassBento may use the information ClassBento collects to:
(a) Provide, maintain, protect, and improve ClassBento’s Services (including advertising services) and develop new Services; and
(b) Protect the rights or property of ClassBento or its users.
If ClassBento uses this information in a manner different than the purpose for which it was collected, then ClassBento will ask for your consent prior to such use.
ClassBento processes personal information on its servers in New South Australia, and you consent to your personal information being processed and in that location.
ClassBento takes appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. These include internal reviews of ClassBento’s data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorised access to systems where ClassBento stores personal data.
Accessing and updating personal information
When you use the Services, ClassBento makes good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes.
ClassBento asks individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and ClassBento may decline to process requests that are unreasonably repetitive or systematic, require disproportionate costs and/or technical effort, jeopardise the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. Because of the way ClassBento maintains certain Services in connection with the Website, after you delete your information, residual copies may take a period of time before they are deleted from ClassBento’s active servers and may remain in ClassBento’s backup systems.
When ClassBento receives formal written complaints, it is ClassBento’s policy to contact the complaining user regarding his or her concerns.