Terms of Use
Before accessing or using our Services (defined below), it is important to review and agree to the rules outlined in these Terms of Use.
In these Terms of Use, “We,” “Us,” or “Timetabling Solutions” refers to Timetabling Solutions Pty Ltd, an Australian-registered company with its registered office at Level 3, 49-51 Malop St, Geelong, Victoria, Australia.
When we refer to “Services,” we mean the "timetable.education" domain (and any other associated domains referencing the Timetabling Solutions platform), along with all websites, products, services, software, the Timetabling Solutions Platform, and applications made available by Timetabling Solutions, as listed on our website at https://www.timetabling.com.au. It also includes our ticketing site "https://timetablingsolutions.freshdesk.com/" and hosted knowledgebase site "https://timetabling.elevio.help/"
These Terms of Use (the “Terms”) represent a legally binding agreement between you and Timetabling Solutions. By using our Services, you confirm that you accept these Terms and agree to comply with them. This includes any additional agreements you consent to within the platform, whether provided electronically or otherwise, which will carry the same legal effect as a physical signature.
If you do not agree to these Terms, you must not use the Services.
We recommend saving or printing a copy of these Terms for future reference.
If you have any questions or concerns about these Terms or the Services, feel free to contact us at support@timetabling.com.au.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These Terms refer to the following additional terms (“Additional Terms”), which also apply to your use of the Services;
· Privacy Policy;
· Acceptable Usage Policy;
· Consultation Terms and Conditions;
· Training Course Terms and Conditions;
· Subscription Agreement – Cloud Applications;
· V10 End User Licence Agreement;
· Service and Support Agreement;
There may also be additional terms which relate to a specific service or product we provide to you.
Changes to These Terms
As our Services evolve to meet the dynamic needs of our clients and end users, these Terms may need to be updated as well. We will make reasonable efforts to notify you of any changes to these Terms or any additional terms, including the introduction of new terms.
Before using our Services, we recommend reviewing these Terms to ensure you understand the current terms that apply.
If you do not agree with any updated Terms, you may choose to reject them; however, this will mean that you can no longer use the Services. By continuing to use the Services after any changes have taken effect, you agree to abide by the updated Terms.
Except for the changes outlined in this section, no other modifications to these Terms will be valid unless they are made in writing and signed by both you and us.
Changes to Our Websites or Applications
We may modify, suspend, update, or discontinue any part of the Services at our discretion. This may include introducing new features, imposing limits on certain features, or restricting access to parts or all of the Services. We will strive to give you reasonable notice of significant changes that may negatively impact your use of the Services, although this is not always possible.
We also reserve the right to remove any content from the Services at any time, for any reason (including, but not limited to, situations where content may be alleged to violate these Terms), or even without any specific reason or notice.
The websites, Timetabling Solutions Platform, and applications are provided to you at no charge under our agreement with the school that granted you access. The school is responsible for paying all applicable fees. Therefore, you acknowledge that these Services may be withdrawn at any time if the agreement with the school terminates for any reason.
Suspension or Withdrawal of Our Website and/or Applications
We do not guarantee that our websites, applications, or the Timetabling Solutions Platform, including any content on them, will always be available or uninterrupted. We may suspend, withdraw, or limit access to all or part of our Services for business or operational reasons. While we will strive to provide reasonable notice of any suspension or withdrawal, this may not always be feasible.
You are also responsible for ensuring that anyone who accesses our websites through your internet connection is aware of and complies with these Terms and any Additional Terms.
Login and Access
When using the Services, including logging into our websites, applications, and the Timetabling Solutions Platform, you agree to take all reasonable precautions to protect your login credentials and identity. You must keep your account details confidential and refrain from sharing them with anyone who is not authorized to receive them. You are responsible for ensuring the security of your account and portal. Access to the Timetabling Solutions Platform is permitted only to the registered user of the account. Unauthorized access, impersonation, or sharing of accounts is strictly prohibited.
Under no circumstances should you use accounts for which you are not the registered account holder. If you have inquiries regarding integration, please contact our support team at support@timetabling.com.au. Logging into the system as another person or using someone else's account is strictly forbidden. Additionally, access to the websites, applications, and the Timetabling Solutions Platform for market research, third-party integrations (automated or manual), or similar activities is not permitted.
Vendors, integrators, partners, competitors, or other third-party service providers are not authorized to log into the Timetabling Solutions Platform, except when accessing a parent account for standard functions on a personal basis.
Any unauthorized use of generic, shared, or service accounts may result in criminal, administrative, or civil action against you and/or the person who shared their credentials. We have security measures in place to detect attempts at screen scraping, bot usage, and script automation.
We reserve the right to disable any user identification code or password—whether chosen by you or allocated by us—if, in our reasonable opinion, you have violated any provision of these Terms.
If you believe or suspect that someone else has access to your login credentials, you must notify us immediately at support@timetabling.com.au.
We track all logins to our websites, applications, and the Timetabling Solutions Platform, including IP addresses, browser types, and, in some cases, geographic information, in accordance with our Privacy Policy.
Please note that your login and account access are provided by the school with whom we contract to offer the Services. The school is responsible for controlling who has access to the Timetabling Solutions Platform, and your account details may be logged and monitored by the school to maintain the integrity of login credentials.
Privacy
Timetabling Solutions is dedicated to protecting the privacy of our clients, their clients, and our end users. We will only use your personal information in accordance with our Privacy Policy. For comprehensive details about how we manage privacy, please refer to our Privacy Policy.
Copyright and Intellectual Property
We own or hold licenses for all intellectual property rights related to our Services, as well as the materials published on our websites, applications, and the Timetabling Solutions Platform. These works are protected by copyright laws and international treaties. All rights are reserved.
You are permitted to print a single copy and download extracts of any page(s) from our websites, applications, or the Timetabling Solutions Platform for personal, non-commercial use. You must not modify the printed or downloaded copies of any materials in any way, nor can you use any illustrations, photographs, videos, audio sequences, or graphics separately from the accompanying text.
Our status (and that of any identified contributors) as the creators of the content on our websites, applications, and the Timetabling Solutions Platform must always be acknowledged.
Unless otherwise agreed upon, you may not use any part of the content from our websites, applications, or the Timetabling Solutions Platform for commercial purposes without obtaining a license from us or our licensors.
If you print, copy, or download any part of our websites, applications, or the Timetabling Solutions Platform in violation of these Terms, your right to use our Services will be revoked immediately. You will be required, at our discretion, to return or destroy any copies of materials you have made.
If we hold registered trademarks in any jurisdiction, you are prohibited from using them without our permission, unless they are part of the material you are using as authorized by us.
Content
When you use any feature that allows you to upload content to our websites, applications, or the Timetabling Solutions Platform, or to interact with other users of our Services, you must adhere to the content standards outlined in our Acceptable Usage Policy.
Any content you upload to our websites, applications, or the Timetabling Solutions Platform will be treated as non-proprietary.
While you retain ownership of your content, you grant us and other users of our Services a limited license to use, store, copy, distribute, and make the content available to third parties. We also reserve the right to disclose your identity to any third party who claims that content you have posted or uploaded to our websites, applications, or the Timetabling Solutions Platform infringes on their intellectual property rights or their right to privacy.
You are solely responsible for the content you upload to our websites, applications, or the Timetabling Solutions Platform, and it must comply with our Acceptable Usage Policy. Accessing any such content is done at your own risk. We are not liable for any errors or omissions in that content, nor for any damages or losses you may incur as a result. We cannot control and have no obligation to intervene in how you interpret, use, or act upon the content you access.
The views expressed by other users on our websites, applications, or the Timetabling Solutions Platform do not represent our views or values.
If you wish to report content uploaded by other users, please contact us at support@timetabling.com.au.
Timetabling Solutions reserves the right to suspend or remove any content at its discretion, without notice. We are not responsible for any loss of data or resources. You are solely responsible for securing and backing up your content.
We Are Not Responsible for Websites We Link To
Our websites, applications, or the Timetabling Solutions Platform may contain links to third-party sites and resources for your convenience. These links are provided for informational purposes only and should not be interpreted as an endorsement or approval by us of the linked websites or the information you may obtain from them.
Rules About Linking to Our Websites
You may link to the home pages of our websites, provided that you do so in a manner that is fair, legal, and does not harm our reputation or take advantage of it.
You must not create a link that suggests any form of association, approval, or endorsement by us where none exists.
You may not establish a link to our websites from any site that you do not own.
Our websites must not be framed on any other site, and you may not link to any part of our site other than the home page.
We reserve the right to withdraw permission to link to our websites at any time, without notice.
The website from which you are linking must comply with the content standards set out in our Acceptable Use Policy.
We Are Not Responsible for Viruses and You Must Not Introduce Them
Although we take reasonable steps to minimize exposure to viruses, bugs, and other technological threats, we do not guarantee that our websites, applications, or the Timetabling Solutions Platform will be secure or free from such issues.
You are responsible for configuring your IT systems, software, and platform to access our websites, applications, and the Timetabling Solutions Platform. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs, or other harmful or technologically damaging materials. You must not attempt to gain unauthorized access to our Services, the server on which our websites are hosted, or any server, computer, or database connected to our websites.
You must not launch a denial-of-service or distributed denial-of-service attack on our websites or applications. A breach of this provision would be a criminal offense under the Computer Misuse Act 1990. We will report any such breach to law enforcement authorities and will cooperate with them by disclosing your identity.
In the event of such a breach, your right to use our Services will be immediately revoked.
Messaging
We offer live messaging to some users and clients across our platform. Messaging is an optional feature and allows Us to provide rapid, text-based support to end-users. It also allows teachers to intiaite chats with students, and for the student to respond. It does not allow a student to intiate chats with other students or intiate chats with teachers. It should not be used for the transmission of personal, sensitive, financial or confidential information.
Our Responsibility for Loss or Damage Suffered by You
We do not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors, as well as for fraud or fraudulent misrepresentation.
Timetabling Solutions makes no representations or warranties regarding the content accessed through our Services. We are not responsible or liable for the accuracy, legality, or appropriateness of the material contained in or accessed through our Services.
We make no representations or warranties regarding any suggestions or recommendations related to the Services.
Please note that our Services are provided exclusively for the use of teachers and parents at schools that pay for access to our websites, applications, and the Timetabling Solutions Platform. You agree not to use our Services for any commercial or business purposes, and we are not liable for any loss of profit, business, business interruption, or loss of business opportunity.
OUR SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TIMETABLING SOLUTIONS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.
Enhancements and Change Requests (Including Suggestions, Paid, and Co-Contribution Development Work)
We are dedicated to continuously improving and developing our solutions and product offerings. However, all intellectual property rights related to any change requests, enhancements, suggestions, comments, feedback, ideas, concepts, graphics, notes, designs, color schemes, recommendations, and functionality you provide will transfer to us (or our affiliated companies) upon receipt. If you do not agree to transferring intellectual property rights for an idea, enhancement, or suggestion to us, please refrain from submitting it or accepting any quotes for work from us.
This condition applies to all paid change requests, including report creation, new module development, module enhancements, and feature improvements (including school or jurisdiction-specific customizations).
We have the right to use, reproduce, sell (including resale or re-licensing), disclose, publish, and distribute any material you submit for any purpose, without any compensation to you. For clarity, any intellectual property created or provided to us (excluding personal information uploaded to our platform) is and remains our property.
Therefore, we ask that you do not send us feature requests, change requests, comments, or suggestions that you do not wish to assign to us, nor should you send any confidential information you do not wish to be retained.
Note: For the avoidance of doubt, any work undertaken and intellectual property created by a company employee or contractor (whether engaged, seconded, contracted, or otherwise) will be assigned to us or remain our property (or that of our affiliated companies).
Transfer of Agreement
Unless otherwise specified in these Terms, we may transfer our rights and obligations under this agreement to another organization. We will notify you in writing if this occurs, and we will ensure that the transfer does not affect your rights under the agreement.
Transfer of Business
In the unlikely event that the assets and operations of Timetabling Solutions are transferred to another party as part of a business transaction, any personal data we process will be transferred to that third party in accordance with our Privacy Policy.
Indemnification
You agree to indemnify and hold harmless Timetabling Solutions, its affiliates, officers, clients, agents, employees, contractors, and partners from any and all claims, liabilities, damages (including actual and consequential damages), losses, and expenses (including legal fees) arising from or related to third-party claims concerning: (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will notify you using the contact details we have for you (although failure to deliver such notice does not eliminate or reduce your indemnification obligations).
Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations under them, or your Services account, without prior written consent from Timetabling Solutions. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.
Jurisdiction
These Terms of Use are governed by Australian law. Both you and we agree that the courts of Australia will have exclusive jurisdiction over any disputes related to these Terms.
General Terms
The failure of either party to exercise any right under these Terms shall not be considered a waiver of those rights in the future.
These Terms may be updated or modified at any time without prior notice to you, unless you opt-in to receive such updates.
If any provision of these Terms is found to be unenforceable or invalid, it will be limited or removed to the smallest extent necessary, so that the remainder of the Terms remains in full force and effect.
You and Timetabling Solutions agree that these Terms represent the complete and exclusive understanding between you and Timetabling Solutions, superseding any previous written or oral agreements (excluding Client Agreements), communications, or understandings regarding the subject matter of these Terms.
No agency, partnership, joint venture, or employment relationship is created by these Terms, and you do not have any authority to bind Timetabling Solutions in any manner.