Terms & Conditions

These terms and conditions are intended to make this Website to be and continue to be a credible source of Relief Teachers.

Acceptance of terms and conditions

The terms and conditions are the terms on which Relief Teaching NZ Limited offers you access to the Services and the Website. By registering as a member of Relief Teaching NZ you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.

Amendment of terms and conditions

As Trade Me operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

Terminology

In these terms and conditions, the following expressions have the meanings set out:

‘Member’ means a registered member of Relief Teaching NZ that is in agreement with these terms and conditions;
‘Registration information ’means information you were required to provide when registering with Relief teaching NZ.

‘School ’means a school as defined by the Education Act 1989 (Act) and related regulations;
‘Services’ means any one or more of the services offered by New Zealand Relief Teaching Limited; ‘Teacher ’means a qualified and registered teacher under the Act and related regulations;
‘You’ and ‘your’ means you, the person accessing or using the website;
'we', 'us' and 'our' are a reference to Relief Teaching NZ Limited;

‘Website’ means any website or other electronic systems or network through which we offer the services;

The Services

 We provide a venue to introduce Relief Teachers with Schools and childcare centers looking for relievers.

We do not take any part in the agency or recruitment other than by providing our Website as a venue for members.

If a School offers a teacher relief work and this is accepted, an employment or other contractual relationship may be formed between the Teacher and the School/childcare center directly without any further involvement from us. We do not act as agent for either party and do not participate in any employment or other contractual relationship between Schools/childcare centers and Teachers. These terms and conditions and nothing in them or implied shall constitute an employment relationship.

General Rules

 All relationships, arrangements or communications made through the Website shall be made in a manor befitting of a representative of a professional organization.

You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.

You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.

You may only use information gained through the website for the purposes that we have expressly authorised and must not use the information gained from the Website to connect to members whilst outside of the Website except where expressly authorised by us.

Any future bookings by the school/childcare center should be directed through the website and bookings for extensions or additional days should be made by creating a new job offer through the website. This ensures the teacher’s availability status is accurate as well as it keeps the reporting feature accurate for the schools/childcare centers. Attempts by you to avoid the Website may result in us suspending or terminating your membership at our discretion.

You are personally responsible for any actions taken through your membership. Memberships are not transferable and therefore cannot be sold, leased, lent or traded.

At your Own Risk

Transactions and relationships created and made through the Website are conducted entirely at your own risk and separate from your relationship with Relief Teaching NZ. You agree that we take no responsibility or liability for any misconduct of its members including, without limitation, members that have registered under false presences or who attempt to defraud you. Relief Teaching NZ give no undertakings or representations in relation to any members registered to Website including:

  1. Identity of the relief teacher.
  2. The accuracy or truth of the member’s profile.
  3. That any services will meet the requirements and expectations.
  4. The Website and Services are provided on an “as is” and “as available” basis.

Breach

Following a breach of these terms and conditions or where we consider it appropriate, without limiting any other rights or remedies available, may take one of the following actions:

  1. Limit your activities on the Website;
  2. Remove your availability or content;
  3. Warn other members of your actions;
  4. Issue a warning to you;
  5. Temporarily suspend you;
  6. Terminate your membership;
  7. Prohibit access to the Website; and/or
  8. Refuse to provide our Services to you.

MEMBERSHIPS

Membership Eligibility

You may only register as a member if you are Registered Teacher (either full or provisionally registered), a registered School or a registered Childcare Center.

We may, at our sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time.

Fees and Accounts

Relief Teaching NZ Is currently offering the use of the Website and services within the Website free of charge to Schools and Childcare centers. We reserve the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.

 Becoming a member is free for the first 3 months, from then onwards a starting rate from $2.50 per week or a pay per position option will be available from $10 per accepted position. All pricing throughout the site is in NZ Dollars. We reserve the right to introduce, increase or otherwise amend fees at our sole discretion.

No refunds for fees are applicable to any member; and any member that either cancels, or defaults on fees will be subject to a reactivation fee of $9.00 should they wish to have their account reinstated.

Accurate Information

You warrant that you have provided complete, accurate, truthful and current personal information when registering as a member; this will include where applicable your Ministry of Education number, Teachers Registration Number and whether you are fully or provisionally registered. Relief Teaching NZ may require certified copies of the above information and you agree to provide this information if requested.

You must maintain and update your personal information held by us to ensure it is kept current at all times, including a valid email address.

You may only register under one identify and persona and must not register as a member under multiple identifies or personas (whether false or not).

Termination of Membership

Relief Teaching NZ reserves the right to decline to register or to terminate your membership at any time without entering into discussions with you. Without limiting the foregoing, Relief Teaching NZ may terminate your membership If a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, if your registration is cancelled or limited by the NZ Teachers Council, to comply with a court order, or if we, at our sole discretion, deem your behaviour to be unacceptable,

In the event of termination, you also agree that you will not open or attempt to start any new memberships. If you close your membership, or if it is terminated by us, your ability to use the website and services will be terminated.

Security of your Login Information

You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

  1. Not to permit any other person to use your username, password or membership details, not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
  2. You agree that we will not be liable for any loss or damage arising from your failure to keep the login information secure and confidential and you agree to immediately notify us of any unauthorised use of your password or any breach of security.

YOUR OBLIGATIONS AS A RELIEF TEACHER

Location

Members who are teachers must be located and based in New Zealand. Members travelling outside of New Zealand are not permitted to indicate their availability on the Website.

Membership Details

When creating a membership and becoming a member the Teacher must complete all required fields including providing their Ministry of Education Number and Teachers Registration Number. The member is responsible for keeping the details up to date.

Prohibited Content/Activity

All activity within the Website must comply with New Zealand law. You must not upload or include anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), or unsafe. Memberships are not pre-screened for content; you are responsible for ensuring that any listing by you does not breach this clause.

Disclosure of Personal Information

You as a teacher agree that your email address and contact number will be provided to the School when they offer you work and that upon confirmation of work the Ministry of Education number may be sent to the payroll department.

Acceptance of Offered Positions

When selected by a School you will receive a notification. You as a teacher must promptly respond either confirming or declining the offer of work.

Cancellation of Availability

After confirmation of a position at any school for any particular day, or part thereof, the teacher is obliged to attend based on the confirmation given by the school. If they are unable to for fill the position they must inform the School immediately. Multiple absences or late cancellations may result in Relief Teaching NZ suspending or terminating the teacher’s membership.

On arrival to the School

All Teachers must take photo identification and their Teachers Registration cards to the School/Childcare center of the intended work. They must report to the office with this documentation at the beginning of the day.

Notification

In the event a report or complaint is made to the New Zealand Teachers Council in accordance with the New Zealand Teachers Council (Making Reports and Complaints) Rules 2004, you will notify us immediately. The notification may result in us suspending or terminating your membership.

Private and Confidential

Members may be exposed to information relating to other members in the normal use of this Website as a venue to source relief work. All information is to be treated as strictly confidential and shall not be communicated to or disclosed to any unauthorized person at any time. Confidential Information includes but is not limited to any information relating to the personal affairs, employment history, references, contact details of any member, or any other information gained from a Relief Teachers profile.

YOUR OBLIGATIONS AS A SCHOOL/CHILDCARE CENTER

Schools and Childcare centers must be located in New Zealand.

Cancellation of Requirement

After offering work and confirming the offer of work to the Teacher, the School/Childcare center is obliged to provide that work unless there is valid reason to justify not doing so. Multiple cancellations or failures to provide the work without valid reason may result in Relief Teaching NZ suspending or terminating your membership.

New Zealand Law

 All listings must comply with New Zealand law. We reserve the right to remove any profiles that it deems unsuitable or in breach of the terms and conditions. You must not upload or include anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), or unsafe. Memberships are not pre-screened for content and you are responsible for ensuring that any listing by you does not breach this clause.

Required Documents Verification

The School/Childcare center is required to verify the identity and teachers registration before allowing the Relief Teacher to perform work in the School/Childcare center. Teacher Registration card and photo ID must be witnessed and authenticated on arrival to the School/Childcare center. We must be notified immediately if there are any concerns in regards to identification or registration of a Teacher.

Notification to New Zealand Teachers Council

The School/Childcare center must ensure they comply with the reporting obligations under the New Zealand Teachers Council (Making Reports and Complaints) Rules 2004. In the event that a mandatory report is made to the Council, the School/Childcare center must immediately notify Relief Teaching NZ. In addition, the School/Childcare center is obliged to report any concerns they have in regard to any Teacher to us. This may include the teacher’s identity, registration, performance, attendance, issues of misconduct, or any other concerns.

Private and Confidential

Members may be exposed to information relating to other members in the normal use of this Website as a venue to source Relief Teachers. All information is to be treated as strictly confidential and shall not be communicated to or disclosed to any unauthorized person at any time. Confidential Information includes but is not limited to any information relating to the personal affairs, employment history, references, contact details of any member, or any other information gained from a Relief Teachers profile.

GENERAL PROVISIONS

System Integrity

Relief Teaching NZ will use it’s reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance We take no responsibility for any system unavailability, or for any loss that is incurred as a result of the Website or Services being unavailable. Further, we assume no responsibility for the corruption of any data or information held by Relief Teaching NZ.

Resolution of Disputes

We are not a party to any arrangements or relationships between the Relief Teacher and the School. You warrant not to involve, or attempt to involve, us in any dispute, personal grievance or in the resolution of disputes that arise between you and another member as a result of the Services provided. Any dispute arising out of or in connection with these terms and conditions shall be finally resolved by arbitration under the Arbitration Act 1996 (NZ) before a sole arbitrator who shall decide the dispute according to the substantive law of New Zealand. If agreement cannot be reached on the appointment of an arbitrator, then either the president of the NZLS or the president of the Mediators and Arbitrators Institute shall appoint an arbitrator.

No Waiver

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

Severability

If any phrase or clause of these terms and conditions is held to be void, illegal or unenforceable that phrase or clause shall be deemed to be severed without affecting the operation of the remainder of these terms and conditions.

Governing Law

These terms and conditions are governed by the laws of New Zealand and subject to the exclusive jurisdiction of the Courts of New Zealand.

Electronic Communications

If any Member / School has corresponded with or provided Relief Teaching NZ with an email address for communication purposes then both the Member / School and Relief Teaching NZ will fully comply with all requirements under the Electronic Messages Act 2007.

Intellectual Property Rights

We (and its licensors or suppliers, as the case may be) own all proprietary and intellectual property rights in the Website and the software and other material underlying and forming part of the Services and the Website. This including but is not limited to logos, text, icons, sound recordings, and graphics.

You may not without our prior written permission, in any form or by any means:

  1. (i)  Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
  2. (ii)  Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.

Content posted by us on the Website (“New Zealand Relief Teachers Content”) is protected by copyright, trademark, patent, trade secret and other laws, and New Zealand Relief Teachers owns and retains all rights in New Zealand Relief Teachers Content.

Force Majeure

Notwithstanding any other provision contained in these terms and conditions, in the event that the performance of any obligation of Relief Teaching NZ is prevented due to any unforeseen circumstances including acts of God or any government restriction, hostilities, wars, civil disturbances, blockades strikes, lockouts, or any other cause beyond the reasonable control of Relief Teaching NZ, then New Zealand Relief Teachers shall not be responsible to you for any failure or delay in the performance of its obligations.

Indemnity

The Member shall fully indemnify us against any loss, damage or negligence whatsoever, which results from any breach by you of your obligations under these terms and conditions (including the legal and other costs associated with such claims including debt collection) including but not limited to any negligence whatsoever, any wrong done, trouble, expense or loss incurred, or loss or damage caused to us in any form whatsoever including to its property or reputation by the Member while services are being used.

Headings

The section titles in these terms and conditions are for convenience only and have no legal or contractual effect. These terms and conditions shall operate to the fullest extent permissible by the law.

Entire agreement

These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.