Terms and Conditons

Code Club Australia Terms and Conditions

 

CODE CLUB AUSTRALIA LTD (Charity ABN 85600860188) trading as CODE CLUB, with its registered address at 11 York St level 8 Sydney, 2000 (referred to as “Code Club” and “we” below) is created with the aim of giving children the chance to learn to code.

The purpose of Code Club is to facilitate a network of Club Hosts and Volunteers, provide access to materials owned and or/licensed by Code Club created for coding education purposes and supplied in accordance with these terms and conditions (“Materials”) and attempt to establish standards in relation to the provision of educational coding sessions.

The terms and conditions below are mandatory requirements governing access to Code Club’s network and the Materials. However, nothing in them is intended to create an employment, agency or franchise arrangement between you and Code Club.

This document includes the following terms and conditions:

  • Part A – Club Host Terms and Conditions. These apply to all Club Hosts, and anyone wishing to act as a Club Host must agree to them;
  • Part B – Volunteer Terms and Conditions. These apply to all Volunteers, and anyone wishing to act as a Volunteer must agree to them; and
  • Part C – General Terms and Conditions. These apply to all Club Hosts and Volunteers, and all Club Hosts and Volunteers must agree to these general terms in addition to the terms governing the specific role undertaken (i.e. Club Host and/or Volunteer Terms).

In most cases, individuals will volunteer to be either a Volunteer or a Club Host. However, we encourage you to read the terms applicable to both roles, so that you clearly understand the relationship between Volunteers and Club Hosts, and the responsibilities and obligations associated with each role.

 

If you wish to be both a Club Host and a Volunteer, you must agree to all the terms and conditions set out below (i.e. the Club Host Terms, Volunteer Terms and General Terms).

In each case, by agreeing to the terms set out below you are entering a legally binding relationship with Code Club. Therefore, please ensure that you review all terms and conditions carefully.

 

PART A – Code Club Host Terms

These terms and conditions set out the basis on which you agree to set up and supervise educational sessions for children in relation to computer coding. Such educational sessions will, in all cases, be delivered by individuals with no expectation of payment “Volunteer”.

1 Your Club Host role

1.1                    Club Hosts volunteer to set up and supervise not for profit free of charge educational sessions for children in relation to computer coding, with such sessions to be delivered by Volunteers (“Club Host”).

1.2                     As a Club Host, you undertake that you:

1.2.1         will comply with these Club Host Terms (as amended from time to time). Please note  that Code Club may advise you of any changes to these Club Host Terms  by email but, in any event, it is your responsibility to review these Club Host Terms and Conditions;

1.2.2         will perform such duties as are assigned to you within the scope of what you have volunteered to do;

1.2.3         will comply with all reasonable directions given by the establishment at which you host a club, and/or Code Club;

1.2.4         are not entitled to any salary, gratuity, reimbursement of expenses or other payment in cash or kind;

1.2.5         agree to provide a copy of a valid and current form of personal identification to Code Club.

 

2 Venue

2.1              You warrant that you have all necessary and appropriate authorisations and approvals of the establishment at which you will host a club to set up and supervise educational sessions at that establishment.

2.2              You agree to set up and supervise educational sessions at that establishment, following the curriculum and Materials established by Code Club.

2.3              You agree that you will supervise the Volunteer(s) at the establishment at all times.

2.4              You are responsible for ensuring that children attending all educational sessions supervised by you are doing so with appropriate written parental or guardian consent.

2.5              You agree to obtain, and to provide to Code Club, copies of the written consent parental or guardian consent for each child attending any Code Club event.

 

Safeguarding

3.1              You acknowledge that the activities undertaken by you may be a regulated activity under Commonwealth, state and local laws of working with children and amended from time to time.

3.2              You represent and warrant that you:

3.2.1        are not barred, prevented or in any way subject to any limitation with respect to working with children;

3.2.2        have never been convicted in any jurisdiction of any offence of violence or sexual impropriety against any person, or any offence whatsoever against a child or vulnerable person; and

3.2.3        you are not currently under investigation in respect of any matter falling within clause 3.2.2, and you are not aware of any circumstances that could result in your being investigated, cautioned or arrested in respect of such matter.

3.3              You agree to inform Code Club, as soon as you become aware, if you are not able to comply with your obligations under clauses 3.2.1, 3.2.2, 3.2.3.

3.4              In the event you are unable to comply with clause 3.2 above, you consent to Code Club contacting each venue at which you host a Code Club event and informing them of your ineligibility to continue as host.

3.5              In the event you are unable to comply with your obligations set out in this document, you will immediately cease using the Materials, supervising any Code Club educational sessions and undertaking any other volunteer activities associated with Code Club whatsoever.

3.6              If a complaint is made about you by a child, parent or guardian in relation to any concerns about your behaviour, you must immediately inform each and every establishment at which you host clubs and Code Club. You should immediately cease hosting clubs until the matter has been resolved to the satisfaction of the relevant establishment and Code Club.

3.7              If at any time Code Club becomes aware of any information or circumstances which give rise to reasonable concerns regarding your fitness and propriety to volunteer, it may (without prior notification to you) notify such persons and organisations as it considers necessary, including but not limited to establishments at which you provide educational sessions and appropriate educational and law enforcement bodies.

3.8              You confirm that you have read Code Club’s guidelines “Working Safely with Children”, which is available on Code Club’s website at Working Safely with Children.

3.9              Code Club will deal with any complaints it receives relating to safeguarding issues in accordance with its Safeguarding Reporting Procedure.

 

Volunteer vetting

4.1              Prior to the delivery of any educational session under your supervision, you must request from each and every Volunteer an original, current and valid background check document which evidences, as appropriate, that the Volunteer is not barred, prevented or in any way subject to limitations with respect to working with children. If a Volunteer is not already in possession of such a background check document, they will need to obtain one and provide this to you.  You must be satisfied that such background check document is satisfactory prior to any Volunteer providing an educational session under your supervision.

4.2              Copies of the relevant background check documentation must be retained by you and copies provided to Code Club prior to a volunteer providing any educational sessions under your supervision.

4.3              You acknowledge that Code Club does not undertake any safeguarding background check documents or vetting in respect of Volunteers, and that this vetting process is solely your responsibility.

4.4              You shall not use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out a regulated activity, or who may otherwise present a risk to children participating in an educational session.

4.5              Code Club provides guidance on getting background check documents and on the requirements for adults to provide supervised educational sessions to children. Code Club will not be liable if this guidance turns out to be incorrect or misleading or if you fail to comply with its recommendations or those of any third party.

 

Insurance

5.1               You must at all times maintain, or ensure that there is in place at each establishment at which you host a club, valid public liability insurance which provides cover for any activities undertaken in connection with supervised educational sessions. Such cover must have a minimum limit of liability of not less than $10,000,000AUD.

5.2               You must provide a copy of such policy, on request, to any establishment at which you host a club, and/or Code Club Australia.

 

 

PART B Volunteer Terms

These Terms and Conditions set out the basis on which you agree to provide supervised educational sessions to children in relation to computer coding. Such educational sessions will in all cases be supervised by a Club Host.

6   Your volunteer role

6.1              Volunteers agree to volunteer to provide supervised, not for profit, free of charge educational sessions to children in relation to computer coding utilising the Materials (“Volunteer”).

6.2              You will only provide educational sessions when supervised by a Club Host.

6.3              You undertake that you will:

6.3.1        comply with these Volunteer Terms and Conditions (as amended from time to time). Please note that Code Club may advise you of any changes to these Volunteer Terms and Conditions by email but, in any event, it is your responsibility to review the Volunteer Terms (at https://www.codeclubau.org/terms-and-conditions) to ensure your ongoing compliance with such terms;

6.3.2        perform such duties as are assigned to you within the scope of what you have volunteered to do; and

6.3.3        comply with all reasonable directions given by a Club Host, or an establishment at which a supervised educational session takes place and/or Code Club.

6.4              You are not entitled to any salary, gratuity, reimbursement of expenses or other payment in cash or kind under these Volunteer Terms and Conditions.

 

Safeguarding        

7.1              You acknowledge that the activities undertaken by you may be a regulated activity under Commonwealth, state and local laws of working with children and amended from time to time.

7.2              Prior to providing any supervised educational sessions you must provide to each Club Host on request an original, current and valid background check document which evidences that you are not barred, prevented or in any way under any limitation in respect to working with children. You must provide this document to each and every Club Host with whom you agree to provide supervised educational sessions, prior to providing the initial session at each or any club. For the avoidance of doubt, you are not permitted to provide a supervised educational session until you have provided your satisfactory documented background check to the relevant Club Host.

7.3              In the event that you do not have an existing current and valid enhanced background check document, you agree to such a background check document being made against you and will do everything reasonably required of you in order for such a background check document to be processed including, but not limited to, instigating such background check document, providing your explicit consent to such a background check document being made and providing all necessary relevant information. You agree, on request, to provide a copy of your background check document to Code Club and/or any establishment at which you intend to provide supervised educational sessions.

7.4              You represent and warrant that you:

7.4.1   are not barred, prevented or in any way subject to any limitation with respect to working with children;

7.4.2   have never been convicted in any jurisdiction of any offence of violence or sexual impropriety against any person, or any offence whatsoever against a child or vulnerable person; and

7.4.3   you are not currently under investigation in respect of any matter falling within clause 7.4.2, and you are not aware of any circumstances that could result in your being investigated, cautioned or arrested in respect of such matter.

7.5              You agree to inform Code Club, as soon as you become aware, if you are not able to comply with your obligations under clauses 7.3.1, 7.3.2 and 7.3.3.

7.6              You will inform the Club Host, any establishment at which you provide supervised educational sessions and Code Club immediately in the event that you become unable to make the representations and warranties at clause 7.3, and you will immediately cease using the Materials, providing supervised educational sessions and undertaking any other volunteer activities whatsoever.

7.7              If at any time Code Club becomes aware of any information or circumstances which give rise to reasonable concerns regarding your fitness and propriety to volunteer, it may (without prior notification to you) notify such persons and organisations as it considers necessary, including but not limited to Club Hosts, establishments at which you provide supervised educational sessions and appropriate educational and law enforcement bodies.

7.8              You confirm that you have read Code Club’s guidelines Working Safely with Children.

7.9              Code Club provides guidance on getting background check documents and on the requirements for adults to provide supervised educational sessions to children. Code Club will not be liable if this guidance turns out to be incorrect or misleading or if you fail to comply with its recommendations or those of any third party.

7.10           If a complaint is made about you by a child, parent or guardian in relation to any concerns about your behaviour, you must immediately inform the Club Host and Code Club. It may also be necessary and appropriate for you to directly inform the establishment at which the supervised educational session is provided. You should immediately cease providing that supervised educational session until the matter has been resolved to the satisfaction of the Club Host, the establishment at which the session is provided and Code Club.

7.11           Code Club will deal with any complaints relating to safeguarding issues in accordance with its Safeguarding Reporting Procedure.

 

PART C – General Terms

The following terms are applicable to both Club Hosts and Volunteers.

Authority

You are not an agent or representative of Code Club in any way nor do you have any authority or right to assume any obligation of any kind express or implied on Code Club’s behalf or to bind or commit Code Club in any way.

 

Intellectual Property

9.1              In order to provide and/or supervise educational sessions you are permitted to download and use the Materials.

9.2              By permitting you to download the Materials Code Club is not representing or warranting that you are suitable, or permitted by law, to volunteer to provide and/or supervise those educational sessions.

9.3              Unless otherwise indicated, Code Club owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Materials.

9.4              Use of or access to the Materials does not grant or transfer any rights, title or interest to you. However, Code Club does grant the Club Host and Volunteer a limited, personal, non-transferable and revocable license to use the Materials in accordance with these Terms and Conditions. The Host Club and Volunteer may utilise the Materials for non-commercial use in accordance with these Terms and Conditions.

9.5              Any reproduction of the Materials in breach of the rights extended by these Terms and Conditions is expressly prohibited and may result in civil and criminal penalties.

 

10 Personal business

You must not promote your own personal business or commercial concerns through or in connection with any supervised educational session.

 

11 Health and safety

You agree to take reasonable care for the health and safety of yourself and other persons who may be affected by your acts or omissions whilst volunteering.

 

12  Confidentiality

12.1          In the course of volunteering you may have access to confidential information relating to Code Club. You will not to use or disclose this information to any person either whilst you are a volunteer or at any time afterwards.

12.2          You will not at any time make any statement on behalf of Code Club to the press or other form of public media, except with Code Club's written consent.

 

13 Privacy

13.1            Code Club will process all data provided by you in accordance with its Privacy Policy, which is available at https://codeclubau.org/privacy-policy.

13.2            Without prejudice to clause 13.1, Code Club may:

13.2.1    process the data which it collects from and about you for the purpose of processing your Code Club profile and ensuring that it is accurate and up to date, and in order to improve the Materials and/or the services which it provides;

13.2.2    disclose selected data to other users of the Code Club website, to enable them to search for, identify and contact volunteers and clubs;

13.2.3    disclose selected data to Club Hosts (in the case of Volunteers) and establishments at which clubs are/may be held, to enable them to verify and assess your suitability for volunteering and/or any educational institution, law enforcement agency or regulatory or statutory body as it considers necessary in its sole and absolute discretion.

 

14 Termination

14.1          Code Club reserves the right (at any time, with or without prior notice and without giving any reason for doing so) to decline to accept and/or to terminate your services as a Volunteer.

14.2          In the event of termination, you will immediately cease both using the Materials and undertaking any volunteer activities whatsoever.

 

15 Indemnity

15.1            You hereby indemnify Code Club against all liabilities, costs, expenses, damages and losses (including but not limited to any direct losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Code Club arising out of or in connection with:

15.1.1    any breach by you of these Terms and Conditions or any negligent performance or non-performance of these Terms and Conditions by you; and

15.1.2    any damage of any kind caused to Code Club as a result of you committing any criminal offence, gross misconduct, fraud, negligence or any behaviour which is detrimental to the name, image, standing or reputation of Code Club, Code Club shall have regard to your financial standing and ability to pay when considering, in its sole discretion, whether to enforce these indemnity provisions in this clause.

 

16   Limitation of liability

16.1          The provision of supervised educational sessions is not promoted or underwritten by, or done in partnership with, Code Club. It is the responsibility of Club Hosts and Volunteers to set up and make arrangements for and in relation to the provision of supervised educational sessions. For the avoidance of any doubt, the role of Code Club is only to provide access to the Materials and facilitate connections between Club Hosts and Volunteers.

16.2          In no event shall Code Club, its directors, officers, employees or agents be liable (jointly or severally) to you for loss use or any special, incidental, indirect or consequential damages arising out of or in connection with the Materials or these Terms and Conditions.

 

17  Variation

17.1          Code Club may at any time, at its absolute discretion, vary these Terms and Conditions. Code Club will provide notification of any such variation on its website at www.codeclubau.org. By continuing to use the Materials or volunteer after such variation, you agree to be bound by such changes. You can review the current version of these Terms at any time by clicking on the “ Terms and Conditions ” link on Code Club’s website.

 

18   Miscellaneous

18.1          These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation or the Materials (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and the State or local government within Australia in which you operate and perform any services or functions under these Terms and Conditions.

18.2          These Terms and Conditions constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

18.3          No failure or delay by Code Club to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

18.4          If any provision or part provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part‐ provision shall be deemed deleted. Any modification to or deletion of a provision or part ‐ provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.

 

19  Acceptance of Terms and Conditions

19.1          You hereby accept and agree to be bound by these Terms and Conditions.

19.2          By using or downloading the Materials and/or providing or supervising educational sessions you reaffirm your acceptance of and agreement to be bound by these Terms and Conditions.

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