Class Creator Terms & Conditions

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1.    Class Creator is a registered business name of Pigeonhole Software Pty Ltd, (ACN: 602 591 140), registered in the State of Victoria, Australia. Class Creator LLC is registered in the state of Delaware, USA and is the sole distributer of the Class Creator software in the United States of America.

2.    ‘Class Creator’ as referred to herein refers to any one and all of the registered business and its services, software, website and mobile applications and will be referred to as ‘Class Creator, ‘We’, ‘Our’, or ‘Us’ in these Terms and Conditions.

3.    By using Class Creator, you agree to the Terms & Conditions (including any subsequent amendments) contained herein and accept to be legally bound by them. Further, your use of Class Creator constitutes your understanding and acceptance also of our Privacy and Data Security Policy.

4.    Pigeonhole Software Pty Ltd reserves the right to change these Terms and Conditions from time to time and any revised version will be deemed to be applicable from the first date of publication on this website. If you do not agree to these Terms and Conditions, you must immediately discontinue your use of Class Creator.

5.    Any reference to ‘you’ in these Terms and Conditions includes you as an individual staff member, your school, your successor, your assigns, your associates, fellow educators or other Class Creator users where other staff members from your school or engaged contractors are using Class Creator. ‘You’ is intended in the singular and plural form for the purposes of these Terms and Conditions.

6.    In order to use Class Creator, you must complete the sign-up process, ensuring that all information provided by you in the Class Creator Signup Form found on our website is current, complete, accurate and not misleading. You warrant that all information provided by you is true and correct, and agree to indemnify Pigeonhole Software Pty Ltd against any losses, costs or expenses suffered by it as a result of your breach of that warranty so far as permitted by the relevant state law where the user resides.

7.    Class Creator is a tool to aid in the data collection and sorting of students into preliminary class sets. The placement and final classes created is the sole responsibility of your school and/or it’s administrators.

8.    You are required to pay the Class Creator Invoice within 14 days of the invoice issue date, unless otherwise agreed upon in writing prior to the sign up process, failing which your access to Class Creator will be temporarily disabled.

9.    All pricing is quoted in local currency and is quoted per student, per year unless otherwise indicated. The subscription fee entitles the subscriber the use of the Class Creator software and service, support, updates and upgrades.

10. Yearly subscriptions are valid for:
Southern Hemisphere calendar schools (eg. 2016) - July to June
Northern Hemisphere calendar schools (eg. 2016-17) - January to December
No pro-rata subscriptions are offered. Renewal is not automatic, use of Class Creator in subsequent years will require acceptance of renewal and the payment of the annual subscription renewal fee. 

11. Subscriptions are not transferable and are non-refundable.

12. Class Creator may refuse you subscription to its software for any reason, even after the subscription fee has been paid.  Class Creator’s maximum liability in the event of such refusal is the refund of the subscription fee paid by you.

13. The Class Creator Guarantee can only be claimed once per school/organisation.

14. You are entirely responsible for maintaining the confidentiality of your Class Creator login details including your password and user identification. Furthermore, you are entirely responsible for any and all activities that occur under your account.

15. You may not share your account details with any other person unless written consent is provided by Pigeonhole Software Pty Ltd.

16. Administrators are required to inform Pigeonhole Software Pty Ltd. of any changes to administrator access associated with their schools account.

17. Users may engage with independent assessment tools while using Class Creator. Pigeonhole Software Pty Ltd is in no way liable for these tools.

18. Although Pigeonhole Software Pty Ltd employs rigorous security measures to ensure the security and appropriate access of all information contained within Class Creator, we cannot guarantee your information will always be secure and accessible. In the unlikely instance of a security breach, Pigeonhole Software Pty Ltd will not be held liable. For further detail, please refer to our Privacy and Data Collection Policy.

19. You agree to notify Pigeonhole Software Pty Ltd immediately after you become aware of any unauthorised use of your account or any other breach of security. Pigeonhole Software Pty Ltd will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Pigeonhole Software Pty Ltd or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder.

20. Subscribers to Class Creator decide what information and data is integrated with Class Creator, and the subscribers are responsible for determining whether data is ever shared with applications through Class Creator. In accordance with our legal obligations, we may be required to disclose or provide access to the personal information and/or data held by Class Creator to the person (or their parent or guardian where applicable) to whom the information or data pertains. The person (or their parent or guardian where applicable) may request that such information be changed where they believe it to be incorrect. Where we believe there to be sound reason under the Privacy Act or other relevant law to withhold the information or not make the changes, then the person or their guardian can lodge a complaint with us.

21.  Class Creator may offer Special Pricing Packages or Discounted Subscription fees from time to time. In order for a subscriber to redeem any such offer the sign-up form must be complete and the full subscription fee received by Class Creator at the latest by the date mentioned in the offer. Specials and Discounted Subscription fees are not valid after the expiration date and are non-transferable.

22. Class Creator also offers a demo/trial period that is free and available for anyone to use.  Users of the demo/trial period must complete a simple online form (containing, name, email, and a password of one’s choosing) and are sent a link with login link and confirmation.  Such information should be kept private and is subject to the same protection as information of Subscribers as specified in our Privacy Policy.

23. Data contained within a demo/trial account is fictitious data for a fictitious school.  To input actual data, users must open an account and become Subscribers of Class Creator.  The pre-populated demo data is manipulable, but the data is reset every hour and any changes made to the demo account will be reset.  Class Creator reserves the right to close access to the demo account after 12 months.

24. The Class Creator website and mobile applications may contain links to third party Websites (“Linked Sites”). Linked Sites are not under the control of Pigeonhole Software Pty Ltd and Pigeonhole Software Pty Ltd is not responsible or liable for the contents of any Linked Site, including without limitation, any hyperlink contained in a Linked Site, or any changes or updates to a Linked Site. Pigeonhole Software Pty Ltd does not endorse, nor make any representation or warranty as to the reliability, accuracy, completeness or suitability of any of the information contained in the Linked Sites. Pigeonhole Software Pty Ltd is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Pigeonhole Software Pty Ltd responsible if the Linked Site is not working appropriately. Any dealings with third parties or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party. Pigeonhole Software Pty Ltd shall not be responsible or liable for any part of any such dealings or promotions.

25.  In using Class Creator, you agree that you will not: use Class Creator for any purpose that is unlawful or prohibited by these Terms and Conditions; use Class Creator in any manner which could damage, disable, overburden, or impair the Class Creator’s website or applications (or the network(s) connected to it) or interfere with any other party’s use of Class Creator; attempt to gain unauthorised access to the Class Creator website, applications, other accounts, computer systems or networks connected to Class Creator, through hacking or any other means whatsoever; obtain or attempt to obtain any materials or information through any means not intentionally made available through the Class Creator website. You agree to indemnify Pigeonhole Software Pty Ltd against any losses, costs or expenses suffered by it as a result of your breach of these Terms and Conditions so far as permitted by the relevant state law where the User resides.

26. All statistical data derived from Class Creator’s services are the property of Pigeonhole Software Pty Ltd.

27. The information and services included in or available through the Class Creator web site may include inaccuracies or typographical errors. Changes are periodically made to the Class Creator website and services. Pigeonhole Software Pty Ltd makes no representations about the suitability, reliability, availability, timeliness, or other harmful components and accuracy of the information, services and related graphics contained within the Class Creator web site for any purpose. All such information, services and related graphics are provided “as is” without warranty of any kind. Pigeonhole Software Pty Ltd hereby disclaims all warranties and conditions with regard to this information, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

28. By agreeing to these Terms and Conditions you agree not to share access to Class Creator with any party external to your educational institution. The methods, workflow, processes and algorithm of Class Creator are the intellectual property of Pigeonhole Software Pty Ltd.

29. You agree not to share access to Class Creator with anyone who may attempt to infringe or use the intellectual property contained in the application.

      30. You must not:

i.       use Class Creator in any way that could damage the reputation of Pigeonhole Software or the goodwill or other rights associated with Class Creator;

ii.     permit any third party to use Class Creator;

iii.    use Class Creator in any matter or for any purpose that violates any law or regulation, promotes illegal activities, violates third party rights or terms of service, violates any right of any person, including but not limited to intellectual property rights, rights of privacy, or in any manner inconsistent with these Terms of Use;

iv.    permit any person to link to any page containing part of Class Creator (including via a hyperlink or RSS feed) without our written consent;

v.     use Class Creator in a product or service that competes with products or services offered by us, without our prior, express, written permission;

vi.    except as expressly permitted by these Terms of Use, and except to the extent that applicable laws, including the Copyright Act 1968(Cth), prevent us restraining you from doing so:

a.     reproduce, make error corrections to or otherwise reverse engineer Class Creator or the Documentation or create any derivative works based on Class Creator or the Documentation;

b.     de-compile, disassemble or otherwise reverse engineer Class Creator or permit any third party to do so; or

c.      modify or remove any copyright or proprietary notices on Class Creator or the Documentation.

31. In no event shall Pigeonhole Software Pty Ltd be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Class Creator web site, with delay or inability to use the Class Creator web site, the provision of or failure to provide services, or for any information, services and related graphics obtained through the Class Creator web site, or otherwise arising out of the use of the Class Creator web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Pigeonhole Software Pty Ltd or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Class Creator site/services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Class Creator web site.

32. All contents of Class Creator are copyright © Pigeonhole Software Pty Ltd. All rights reserved.

33. You must not modify, copy, reproduce, frame, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any part of the Class Creator websites or mobile applications.

34. A rights relating to these Terms and Conditions may only be waived by Pigeonhole Software Pty Ltd in writing.

35. These Terms and Conditions are governed by the laws of the State of Victoria, Australia.  By using Class Creator, you agree that any disputes arising from these Terms and Conditions are exclusively subject to the jurisdiction of the courts of the State of Victoria, Australia.

36. If any provision of this agreement is found to be invalid, illegal or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.

37. Pigeonhole Software Pty Ltd’s failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by Pigeonhole Software Pty Ltd in writing.

38. Our referral program is a program designed to give users a chance to recommend the Class Creator software to other schools and colleagues where it might be useful. 

39. If a school signs up referencing a referring  person only the first sign up form received for that school will be considered when offering a referring benefit (subsequent forms sighting different or additional referring persons will not receive a benefit).

40. Once the referred school has signed up and paid their account in full, the referring person and referring school will receive their benefit for that first year only. No benefit will be paid for renewal or re-subscription of the referred school. 

41. Users will be forewarned in the event the Class Creator wishes to terminate their account.

42. Where practical, you may choose not to identify yourself, deal with us on an anonymous basis or use a pseudonym.

In some instances, if you do not provide Class Creator with required personal information Class Creator may not be able to provide you with the requested product or service.

As a result, Class Creator may need to cease existing sales processes, suspend, cancel or renew a contract (subject to its terms and conditions and relevant laws).

43. Users can report the inappropriate use of Class Creator to

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