We have developed our website and content to help organisations and businesses in the conduct of workplace investigations by providing access to easy-to-use workplace investigation templates, resources, documents, materials and Toolkits, as well as courses and workshops (Services). We provide our website, Services and Content for the purpose of providing workplace investigation services, workplace investigation training and workplace investigation templates and resources (Permitted Purpose).
Any new features, updates or upgrades, improvements or augmentation of the website, Content, Services and related services are considered our website, Content and the Services, and are provided subject to these Terms.
The information on our website and in our Toolkit is general information only
Materials, books, resources, documents, templates and content on this website, including but not limited to our Toolkit (Content) are not comprehensive. Our Content is designed to assist in the conduct of effective workplace investigations. We have not created our Content 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 Content, please seek your own independent legal, financial, human resources or other advice.
While we use reasonable efforts to ensure that our Content is 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, Services and Content.
Competitors are excluded from using our website to compete
You are prohibited from using our website, Services and the Content in any way that is contrary to the Permitted Purpose for which we provide the website, Services and Content, or that competes with our business or Services to the commercial detriment of Q Workplace Training.
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 owner/sponsor 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, the Services and all of our Content. Your use of and access to our website, the Services and any of our Content does not grant or transfer to you any rights, title or interest (including Intellectual Property Rights) in relation to our website, the Services or our Content.
In relation to our Content, you must not: reproduce, sublicence, display, distribute, modify, decompile, disassemble, reverse engineer, broadcast, publish, exploit or use any of the Content (including any document contained in the Content) for the purpose of re-selling the Content or otherwise commercially exploiting the Content for profit or gain; or use the Content or Services for any purpose other than the Permitted Purpose. You may amend Toolkit documents in order to tailor them to your circumstances and subject to these Terms. All other use, copying or reproduction of the Content or any Toolkit documents is prohibited without our prior written consent (except to the extent permitted by law).
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, Services or any Content.
You must not breach any Intellectual Property Rights connected with our website, the Services or our Content, 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.
Each party shall keep all information and documents which is provided to it and which by its nature is or appears to be by its nature confidential or sensitive and shall not disclose such confidential information without the prior written consent of the other party except where such disclosure is required or compelled by law or (in the case of Q Workplace Training) where it is reasonably necessary to provide the website, Services and Content.
You agree to pay the amount payable by you in respect of any Content and/or Services purchased on the website (Fees) in accordance with these Terms. Unless otherwise indicated, the Fees are exclusive of any applicable GST. 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 Content and Services:
- PayPal (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. You must pay the invoice in full within 7 days of receipt of the invoice (or within such other period specified in the invoice).
You must not pay, or attempt to pay, for any Content or Services through any fraudulent or unlawful means.
You are solely responsible for all costs, expenses and charges (including travel costs) that you may incur in order to attend or participate in any Q Workplace Training courses or workshops.
No refunds will be paid in respect to any Content purchased via the website that has been downloaded by you or otherwise delivered to you, or for any cancellations of courses or workshops.
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. 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, however additional fees may apply. Credit notes and course transfers must be used within 12 months from the date of issue. No refunds are available for non-attendance at courses or workshops due to illness, personal reasons or other reasons outside of your control including restrictions on travel or gathering due to COVID-19.
Varying these Terms
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our website. 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 website, Services or the 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 will be uninterrupted, error-free or free from viruses;
our website will be secure; or
- will meet your (or your business) needs.
You read, use and act on our website, access and use the Services and the Content at your own risk.
Our liability is limited
A. To the maximum extent permitted by law and subject to paragraph B 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, the Services and/or the Content 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 Content 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, Content and/or these Terms, howsoever arising (whether arising under contract, tort (including negligence), statute, equity or otherwise).
B. 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.
Use of our website, the Services, Content 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.