ClassCub - Terms & Conditions

The www.classcub.com website (Site) and ClassCub mobile application (App) are owned by ClassCub Pty Ltd ACN 631 151 687 (referred to as ClassCub, We or Us). The Site and App provide a platform for high school and university students (referred to as Users or Students) to anonymously connect with one another in order to facilitate open communications for the purposes of academic support and social engagement (Services).

1. Agreement

These Terms and Conditions (Terms) form a binding legal agreement between Us and each person, organisation or entity accessing, viewing or using the Site, App and Services, including Students and Tutors (referred to as User or You). By accessing or using the Site and by downloading, installing, accessing or using the App, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, please contact Us using the contact details at the end of these Terms.
The User’s access and use of the Site, the App and the Services indicates that:
1. the User has had sufficient opportunity to access the Terms;
2. the User has read, accepted and will comply with the Terms; and
3. the User is 15 years or older.
If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
We may amend these Terms from time to time, and will give the User 14 days’ notice of the varied Terms via the Site and App. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. If a User has reasonable grounds to believe that the varied Terms will be detrimental to their rights, the User may terminate their Account created under these Terms without penalty within 14 days of receiving the notice of varied Terms. We recommend that each User check the current Terms, before continuing use of the Site, App or Services.
These Terms supplement and incorporate Our policies and terms and conditions, including without limitation the Website Terms of Use, Privacy Policy posted on the Site and App.
Our Privacy Policy and Website Terms of Use set out how We collect, use and protect the personal information of our Users.

2. Site and App Summary – Anonymous Communication Platform Only

The Site, the App and the Services provide an anonymous communication platform for Students to interact with one another.
Students will be able to anonymously create interest groups for the purposes of engaging in academic and social discussions (Groups).
Students can anonymously join Groups in order to create new posts within those Groups, and to comment on existing posts.
Students will be able to upvote or downvote the posts and comments of other Users, and may anonymously report posts and comments that they believe violate the Terms and Conditions of ClassCub.
Each User understands and agrees that the Site and the App is an online communication platform only, and that Our responsibilities are limited to facilitating the user functionality availability of the Site, the App and the Services.
You expressly agree that We have no responsibility and make no warranty as to the truth or accuracy of any aspect of any information provided by Users.

3. Online Registration

Access to the Services will require a User to register for an account (Account). Parents or guardians must register an Account on behalf of their child and agree that they shall be responsible for compliance with these Terms by their child as if they were the Student.
Each User may only have one (1) Account on the Site and App.
Basic information is required when registering for an Account. Each User is required to provide certain information including their valid student email address, and to select a username and password.
Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate any User’s Account and his/her access to the Site, App and Services if any information provided to Us proves to be inaccurate, not current or incomplete.
To keep information secure and confidential, Our hosting providers use SSL Certificates to establish an encrypted link between a server and a User. Further information on the storage and security of personal information can be found in our Privacy Policy and Website Terms of Use.
It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
The User will immediately notify Us of any unauthorised use of its Account.
At Our absolute discretion, We may refuse to allow any person to register or create an Account.

4. Users and User Profiles

Users who have created an Account are permitted to use the Services.
Each User acknowledges and agrees that it is responsible for its own
Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. We cannot guarantee that other Users have genuine intentions.
Each User should report to Us, any activities or requests of Users which are, or which the User reasonably believes to be:
1. suspicious;
2. inconsistent;
3. violent or threatening or promotes violence or actions that are threatening to any other person;
4. illegal; or
5. likely to have a negative effect on Our reputation, the Site, the App, Services and/or a User.
Each User acknowledges and agrees that while the App allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
<(g) Each User represents and warrants that any content that it provides or posts:
1. will not breach any agreements it has entered into with any third parties;
2. is not violent or threatening or promotes violence or actions that are threatening to any other person;
3. will be in compliance with all applicable laws, rules and regulations that may apply to any User in its local area and country; and
4. will not conflict with the rights of third parties.
(h) For the avoidance of doubt, we assume no responsibility for a User’s compliance with any applicable laws, rules and regulations.
(i) We reserve the right, at any time and without prior notice, to refuse to register any Account, to remove or disable access to any Account and/or profile for any reason, including Accounts, feedback and/or profiles that We, at Our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the App or Services.

5. Dispute Resolution

If there are any complaints from a User against Us, We will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with Our response, the User and We agree to the following dispute resolution procedure:
1. The complainant must tell Us in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Us agree to meet in good faith to seek to resolve the dispute by agreement (Initial Meeting).
2. If a resolution cannot be agreed upon at the Initial Meeting, either the User or Us may refer the matter to a mediator. If the User and Us cannot agree on who the mediator should be, the complainant will ask the Law Society of Western Australia to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

6. Cancellation of Registration

Users can delete their Account at any time via the App.

7. Consumer Guarantees

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer the User with rights, warranties, guarantees and remedies relating to the provision of Services by Us to the User which cannot be excluded, restricted or modified (Statutory Rights).
Nothing in these Terms excludes a User’s Statutory Rights as a consumer under the ACL. The User agrees that Our liability for Services provided to Users who are defined as consumers is governed solely by the ACL and these Terms.
We exclude all conditions and warranties implied by custom, law or statute except for the User’s Statutory Rights. Except for the User’s Statutory Rights, all material and work is provided to the User without warranties of any kind, either express or implied, and We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

8. Intellectual Property

All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trademarks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not, including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the App and Services, the layout, appearance and look of the Site and App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site or App is owned, controlled or licensed to Us (or its affiliates and/or third party licensors as applicable) (collectively Intellectual Property).
The User agrees that, as between the User and Us, We own or hold the relevant licence to all Intellectual Property rights in the Site, the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Us or the owner of the content.
Some Intellectual Property used in connection with the Site, App and Services are the trademarks of their respective owners (collectively Third Party Marks).
Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Us or the applicable trademark holder or Intellectual Property owner.
Users of the Site or App do not obtain any interest or licence in the Intellectual Property or Third Party Marks. Users may not do anything which interferes with or breaches the Intellectual Property rights.

9. User Licence

Subject to these Terms, We grant the User a personal, non-exclusive, non-transferable, non-sublicensable limited and revocable licence to use the Site, App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site, App and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Our prior written consent.
The right to use the Site, App and Services is licensed to the User and not being sold to the User. A User has no rights in the Site, App and Services other than to use it in accordance with these Terms.
These Terms and User Licence governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

10. Permitted and Prohibited Conduct

The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App and Services, or Intellectual Property.
The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site, App and Services.
The User must not post, upload, publish, submit or transmit any content that:
1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
2. is fraudulent, false, misleading or deceptive;
3. denigrates Us, the Site, the App, Services, or Users;
4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
6. vis violent or threatening or promotes violence or actions that are threatening to any other person; or
7. vpromotes illegal or harmful activities or substances.
In connection with the User’s use of the Site, App and Services, the User may not and agrees that it will not:
1. use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
2. register for more than one (1) Account or register for an Account on behalf of another individual and/or entity (apart from parents or guardians registering on behalf of their child);
3. submit any false or misleading information;
4. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
5. copy, store or otherwise access any information contained on the Site, App and Services or content for purposes not expressly permitted by these Terms;
6. vinfringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
7. vuse the Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
8. vuse the Site, App or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
9. stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site or App;
10. use, display, mirror or frame the Site or App, or any individual element within the Site or App, Services, Our name, Our trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Our express written consent; or
11. xadvocate, encourage, or assist any third party in doing any of the foregoing.

11. User Content

Users may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site, App and Services, the User grants to Us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site, App and Services.
The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site, App and Services. The User represents and warrants that:
1. it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site, App and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Us the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
2. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Our use of the User Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We may at Our sole discretion remove any User Content that is offensive or in breach of these Terms.

12. Disclaimers

We accept no responsibility for and make no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or the App. To the extent permitted by law, We disclaim any and all liability related to any and all User activities.
We will not be liable for any content that is, or could be, defamatory, obscene, pornographic, vulgar, offensive, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
For the avoidance of doubt, We are not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. We advise that all Users using the Site, App and Services should seek advice in relation to these matters.
Each User who uses the Site, App and the Services does so at their own risk.
We exclude all express and implied conditions and warranties, except for the User’s Statutory Rights, to the fullest extent permitted by law, including but not limited to:
1. We do not warrant that the Site, the App, the Services, content on the Site or App (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site, the App or the Services will be error free, that any defects will be corrected or that the Site, the App or the server which stores and transmits material to the User is free of viruses or any other harmful components;
2. We take no responsibility for, and will not be liable for, the Site, the App, or the Services being unavailable, of a particular standard, failing to meet the User’s needs, or being of less than merchantable quality; and
3. To the extent permitted by law, We will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, the App, Services, content on the Site or App, inability to access or use the Site, the App, the Services, any profile, any tutoring services or the Terms, even if We were expressly advised of the likelihood of such loss or damage.
The User agrees not to attempt to impose liability on, or seek any legal remedy from Us with respect to such actions or omissions.

13. Limitation of Liability

To the extent permitted by law, Our total liability arising out of or in connection with the Site, the App, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to Us re-supplying the Services to the User. Our total liability to the User for all damages in connection with the Services will not exceed one hundred dollars (AUD$100).
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Us and the User.
This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Us.

14. Indemnity

Each User agrees to defend and indemnify and hold Us (and Our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
This defence and indemnification obligation will survive these Terms and the User’s use of the Site, App or Services.

15. General

Accuracy: While We will endeavour to keep the information up to date and correct, We make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and We expressly exclude any liability for such to the fullest extent permissible by law.
Security: We have a secured business system with an a ‘A Grade’ SSL connection to protect all User transactions and to ensure maximum security.
Termination: We reserve the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site or App, if the User commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion. If We decide to terminate a User’s Account, with or without notice to the User, the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, App, Services, its Account or its User Content.
Fraudulent Activities: Each User acknowledges and agrees that, in the event Us reasonably suspects that there are fraudulent activities occurring within the Site, App and Services, We reserve the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
Force Majeure: We will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Us of any of the Terms shall be effective unless We expressly state that it is a waiver and We communicates it to the User in writing.
Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Our prior written consent. These Terms, and any rights and licences granted hereunder, may be assigned by Us without restriction.
Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any User’s use of the Site, App or Services is subject to the laws of Western Australia, Australia, and subject to the exclusive jurisdiction of the courts of Western Australia. The Site and App may be accessed throughout Australia and overseas. We make no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site or App from outside Australia, it does so at its own risk and are responsible for complying with the laws in the place where he/she accesses the Site or App.
Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Us and each User, and supersede any prior agreement, understanding or arrangement between Us and each User, whether oral or in writing.

For questions and notices, please contact:

ClassCub Pty Ltd ACN 631 151 687
Level 1, 22 Stirling Highway
Nedlands, WA 6009
Email: contact@classcub.com

Last update: January 2019