Website terms of use
Welcome to the Q Workplace Training website https://qworkplacetraining.com.au (website). These website terms of use (Terms) outline how you can use our website and its content, as well as the other resources provided via our website.
Our website provides workplace investigation templates, resources, documents and materials, as well as courses and workshops (Services). We provide these Services for the purpose of assisting organisations to conduct effective internal investigations (Permitted Purpose).
In these Terms, we or our means Q Workplace Training operated by Q Work Place Solutions Pty Ltd (ABN 16 153 018 109).
Any new features, updates or upgrades, improvements or augmentation of the website or Services are provided subject to these Terms.
Consent to these website terms of use
Please read these Terms carefully before using the website or Services. If you do not agree with these Terms, you must stop using the website and Services immediately.
If you access the Services, use or download any website content, you are taken to have agreed to these Terms and our Privacy Policy (found at https://qworkplacetraining.com.au/privacy-policy/). Your continued use of the website constitutes your ongoing acceptance of these Terms, as updated from time to time.
The information on our website and any information purchased via our website (including our Toolkit) is general information only. Materials, books, resources, documents, templates and content available on this website are not comprehensive. We have not created the information with your specific needs, objectives or circumstances in mind and it is not legal, financial or human resources advice. Before you act, or rely on any of our information, please seek your own independent legal, financial, human resources or other advice.
Where you amend or adapt any Toolkit document, Q Workplace Training accepts no responsibility for the suitability, accuracy or legal compliance of the amended document. You should seek independent legal advice before relying on any amended Toolkit document.
While we use reasonable efforts to ensure that our website and Services are accurate, current and complete, we don’t represent, warrant or guarantee its accuracy, currency or completeness (to the maximum extent permitted by law).
You shall be responsible for complying with all applicable laws and regulations in force in using and accessing the website and Services.
Competitors are excluded from using our website
Access to and use of the website, Services, Toolkit and all associated resources is strictly limited to the Permitted Purpose.
The following persons and entities are not permitted to access or use the website, Services, Toolkit or any associated resources (each a Competitor):
- individuals or entities who provide, or intend to provide, external workplace investigation services to third parties on a commercial basis; and/or
- individuals or entities who provide, or intend to provide, workplace investigation training services to third parties on a commercial basis,
in each case, where such use would compete, directly or indirectly, with the business or Services of Q Workplace Training or Q Workplace Solutions.
By accessing the website or purchasing any Services, you represent and warrant that you are not a Competitor. If you are a Competitor and access or use the website or Services, you do so in breach of these Terms.
We reserve the right to immediately cancel any membership, subscription or access, and pursue all available legal remedies including injunctive relief and damages, where we reasonably believe a Competitor has accessed or used our website, Services or Toolkit in breach of these Terms.
Linked sites
Our website may contain links to websites operated by third parties (Third Party Sites). The inclusion of such links is provided for your convenience and information only and should not be interpreted as an endorsement of the Third Party Site or the content of the Third Party Site. Unless expressly stated otherwise, we are not responsible for the content on any linked Third Party Site to or from our website and have no control over or rights in those linked Third Party Sites. Your linking to any other Third Party Site is entirely at your own risk. To the extent permitted by law, we disclaim all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such Third Party Sites.
Our intellectual property
Unless we indicate otherwise, we own or licence all rights, title and interest (including Intellectual Property Rights) in our website and all of our Services. Your use of and access to our website and the Services does not grant or transfer to you any rights, title or interest (including Intellectual Property Rights) in relation to our website or the Services.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the website, Services and Toolkit solely for the Permitted Purpose. This licence does not extend to Competitors and may be revoked immediately if you breach these Terms.
In relation to the information provided on our website and by the Services, you must not: reproduce, sublicence, display, distribute, modify, decompile, disassemble, reverse engineer, broadcast, publish, exploit or use any of the information for the purpose of re-selling the information or otherwise commercially exploiting the information for profit or gain; or use the information or Services for any purpose other than the Permitted Purpose.
You may amend Toolkit documents to tailor them to your circumstances and subject to these Terms. Notwithstanding any adaptation or amendment of Toolkit documents by you, Q Workplace Training retains all Intellectual Property Rights in the underlying templates and original content. No adaptation or amendment of a Toolkit document transfers any Intellectual Property Rights to you.
All other use, copying or reproduction of the information or any Toolkit documents is prohibited without our prior written consent. You must not remove or alter any registered or unregistered trademark, logo, copyright notice, confidentiality marker or other proprietary or confidentiality notice appearing on or in the website or Services, except for the use of Toolkit template documents for internal use only.
You must not breach any Intellectual Property Rights connected with our website or the Services, including (without limitation) altering or modifying any of our content or creating derivative works from the content.
For the purpose of this clause “Intellectual Property Rights” includes both in Australia and throughout the world and for the duration of such rights, any rights, title and interest in any: (a) business names, patents, utility models, copyrights, eligible layout rights and registered designs registered or unregistered trademarks or service marks, trade names, brand names, domain names, indications of source or appellations of origin, plant variety rights, and commercial names and designations; (b) invention, discovery, trade secret, know how, computer software and confidential, scientific, technical and product information; (c) other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields whether industrial, commercial, agricultural or extractive and whether dealing with manufactured or natural products; and (d) letters patent, deed of grant, certificate or document of title for any thing referred to in paragraphs (a) to (c) of this definition and any medium in which any thing referred to in those paragraphs is stored or embodied.
Confidentiality
Each party agrees to maintain the confidentiality of all information and documents provided to it that are identified as confidential or sensitive, or that reasonably appear to be confidential or sensitive. Neither party shall disclose such confidential information without obtaining prior written consent from the other party, except in the following circumstances:
- Disclosure is required or compelled by law.
- In the case of Q Workplace Training, disclosure is reasonably necessary to provide the Services.
Payment terms
You agree to pay the amount payable by you in respect of any Services purchased on the website (Fees) in accordance with these Terms. Unless otherwise indicated, the Fees are exclusive of any applicable GST. Where GST is applicable it will be added to the relevant Fee and shown separately on your tax invoice. GST has the meaning given in the A New Tax System (Goods & Services) Act 1999 (Cth).
We accept the following payment methods in respect of the Services:
- Credit/Debit Card (subject to any applicable terms and conditions)
- Electronic bank transfer (by prior agreement only)
Where we have agreed to payment of Fees by way of electronic bank transfer, we will provide you with a tax invoice in relation to the Fees plus any applicable GST. Access to Services will be provided once payment has been received.
Cancellations
No refunds will be paid in respect of any Services purchased via the website that has been downloaded by you or otherwise delivered to you, or for any cancellations of courses or workshops (unless otherwise agreed).
Nothing in this clause limits or excludes any rights you may have under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth).
Cancellations of courses/workshops by us
We reserve the right to change or cancel any course or workshop for any reason and at any time. We will endeavour to notify you of the change or cancellation as soon as possible. Where we cancel a course or workshop and we have already received your payment, at our option, we will either provide a credit note for the value of the course or workshop or a transfer to another course or workshop. Subject to your rights under the Australian Consumer Law, we will not be liable to you for any loss suffered as a result of such change or cancellation, including any travel or other costs incurred by you.
Cancellations of courses/workshops by you
If you provide us with written notice to cancel a course or workshop prior to the course date and we have already received your payment, at our option, we may provide a credit note for the value of the course or workshop or transfer your registration in a course or workshop to another course or workshop. Credit notes and course transfers must be used within 12 months from the date of issue. Refunds will only apply in certain circumstances where permitted under the booking terms and conditions. No refunds are available for non-attendance at courses or workshops due to illness, personal reasons, or circumstances outside of your control, including any government-imposed restrictions on travel or public gatherings.
Varying these Terms
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our website. Where we make material changes to these Terms that affect existing paid memberships, we will endeavour to provide you with reasonable notice of such changes by email. We recommend you check our website regularly to ensure you are aware of our current terms.
Discontinuing our website
We have a right to discontinue this website. This can be at any time, and may be without notice. We may also exclude any person from using our website, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers
Without limiting anything else stated in these Terms, and to the maximum extent permitted by law, we make no representations or warranties (express or implied) about our Services or our website content, including that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose or will produce any desired results or outcomes;
- access to the website or Services be uninterrupted, error-free or free from viruses;
- the website will be secure; or
- the website or Service will meet your needs or the needs of your business.
You read, use and act on our website, access and use the Services at your own risk.
Important — Limitation of Liability: Please Read Carefully
1. To the maximum extent permitted by law and subject to paragraph 2 below:
(a) our maximum aggregate liability for any loss, damage, claim or expense (Liability) suffered by you or any third party, howsoever arising from or in connection with your use of our website and the Services and/or any inaccessibility of, interruption to or outage of our website, the Services and/or any loss or corruption of data and/or the fact that the information provided is incorrect, incomplete or out-of-date, is limited to $100 or the Fees paid by you to us (if applicable), whichever is the higher amount;
(b) neither party is liable to the other party for any indirect, special or consequential loss, including any loss of revenue, income or profits, loss of use, loss of business opportunity, loss of business or contracts, loss arising from business disruption, loss of data, loss of anticipated savings, damage to custom, goodwill or reputation, suffered or incurred by any party in connection with the website, the Services, and/or these Terms, howsoever arising (whether arising under contract, tort (including negligence), statute, equity or otherwise).
2. Our liability in connection with any failure to comply with a guarantee applying to the supply of Services by us under Australian Consumer Laws in the Competition and Consumer Act 2010 (Cth) is limited to, at our election to:
(a) the supplying of the Services again; or
(b) the payment of the reasonable cost of having the Services supplied again.
Privacy
Your use of the website and Services is conditional upon you agreeing to and complying with our Privacy Policy. We may collect, use and disclose your personal information for the purpose of providing our Services and as described in the Privacy Policy which is available on the website. If you do not agree to us collecting, using or disclosing your personal information in the manner contemplated by these Terms and our Privacy Policy, you must not use the website or Services.
If you intend to post any personal information on the website that relates to a third party (including their name, email address or phone number), you must obtain their consent before doing so. If you have any questions or concerns relating to privacy, please contact us in accordance with the process and procedure set out in our Privacy Policy.
Dispute Resolution
If a dispute arises in connection with these Terms, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute is not resolved within 14 days of written notice, either party may pursue their legal remedies.
Jurisdiction
Use of our website, the Services and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland.
If you have any questions, please contact us:
By Phone: 1300 944 049
By letter:
Q Workplace Training
79 Broadway Street
Woolloongabba, Qld 4102
By email to: [email protected]
