Website terms of use

By using the Q Workplace Solutions and Q Workplace Training websites available at [INSERT LINKS] (collectively the Website), you agree to be bound by, and abide by, these terms of use (Terms). We may change these Terms at our discretion. By continuing to use the Website you accept the Terms as they apply from time to time. These Terms outline how you can use the Website and its content, as well as the other resources provided via our Website, and set out the conditions on which we make the Website available to you.

In these Terms, “we”, “us” or “our” means Q Work Place Solutions Pty Ltd (ABN 16 153 018 109), owner and operator of the Website. “You” and “your” means you, the individual registering, accessing or using the Website. If you are accessing or using the Website on behalf of another person or legal entity, you represent and acknowledge that you have the authority to bind that person or legal entity and its affiliates, in which case references to “you” and “your” in these Terms shall also be a reference to such person, entity and its affiliates.

Our Website provides various content, including templates, on-demand training resources (including video content), articles, documents, courses, workshops, a Toolkit, a Learning Management System (LMS) platform and associated materials (together the Services). We provide these Services for the purpose of assisting organisations to conduct effective internal investigations and workplace reviews (Permitted Purpose).

All features (including any new or enhanced features), updates or upgrades, improvements or augmentation of the Website or Services are provided subject to these Terms.

Consent to these Website Terms

These Terms incorporate and should be read together with our Privacy Policy. Personal data you submit to us via the Website will be handled in accordance with our Privacy Policy. If you access the Services, or use or download any Website content, you are taken to have agreed to these Terms and our Privacy Policy .

Consent to these website terms of use

Website Content

The information on our Website and any information purchased via our Website is general information only. Materials, books, resources, documents, templates, training and LMS content available on the 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, you should seek your own independent legal, financial, human resources or other advice, and consider your own circumstances, objectives and requirements.

Where you amend or adapt any document or resource from our Website, we accept no responsibility for the suitability, accuracy or legal compliance of the amended document. While we use reasonable efforts to ensure that the content of our Website and Services are accurate, current and complete, we do not 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 and Services is strictly limited to the Permitted Purpose.

The following persons and entities are not permitted to access or use the Website or Services (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 to the Website and/or the Services, and pursue all available legal remedies including injunctive relief and damages, where we reasonably believe a Competitor has accessed or used our Website or Services in breach of these Terms.

Registration and Fee

In order to use parts of the Website, you may be required to register an account via https://qworkplacetraining.com.au/ (User). We may, in our absolute discretion, decide whether to accept or reject your request for registration, or to continue your registration, as a User. We are not obliged to provide any reasons or feedback if your application for registration is rejected, or if your existing registration is suspended or cancelled in accordance with these Terms.

To register as a User, you must provide us with such details as we may require for registration including but not limited to your full name, contact details, email address, information about your business affairs, and credit card or other payment details for the purpose of paying subscription fees (if applicable). You warrant and agree that by registering with the Website, all information that you have provided to us is accurate and complete, and that you will promptly contact us to update your information if details change. You agree to provide on request any further information we may require.

Depending on your User registration, your use of the Website may be subject to payment of a fee (Fee) for access to Services, in addition to your compliance with these Terms. The applicable Fee payable, if any, will be disclosed via the Website and may be subject to change from time to time.

You agree to pay the amount payable by you in respect of any Services purchased on the Website, in accordance with these Terms. Unless otherwise indicated, all 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:

1. Credit/Debit Card payments are processed by an electronic platform. By making a payment via Credit/Debit Card, you agree to comply with the terms and conditions of the relevant electronic platform available through their website.

2. Electronic bank transfer.

Where we have agreed to payment 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.

Password secrecy

We may issue you with a username and password to enable you to access particular Services on our Website. You must keep those details confidential and not transfer those details to another party without our express consent. If you do not keep the details confidential, you will be responsible and liable for any misuse of those details which is 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 and have no control over or rights in those linked Third Party Sites. Your access to any Third Party Site is entirely at your own risk and, 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, other than those set out in these Terms.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and Services, solely for the Permitted Purpose. This licence does not extend to Competitors and may be revoked immediately if you breach these Terms. You must use the Website and the Services for lawful purposes only. You must not use our Website in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Website.

In relation to the content on our Website and included in 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. In addition, you must not download, access, use, harvest or download in bulk any data from the Website (including by way of web scraping, web harvesting, or web data extraction) unless explicitly permitted by us in writing.

You may amend Toolkit documents and on-demand resources to tailor them to your circumstances and subject to these Terms. Notwithstanding any adaptation or amendment of

Toolkit documents and on-demand resources by you, we retain all Intellectual Property Rights in the underlying templates and original content. No adaptation or amendment of a Toolkit document or on-demand resources transfers any Intellectual Property Rights to you.

All other use, copying or reproduction of the information or any Toolkit documents and on-demand resources 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 and on-demand resources for internal use only.

You must not breach any Intellectual Property Rights connected with our Website or the Services, including (without limitation) by 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 anything referred to in paragraphs (a) to (c) of this definition and any medium in which anything 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:

1. Disclosure is required or compelled by law.

2. Disclosure is reasonably necessary to provide the Services.

Security

We do not guarantee that the transmission of information through our Website, including using the ‘contact’, ‘get in touch’ or ‘book a chat’ functions, is secure. You should use discretion in deciding what information you send to us via these means particularly if it is confidential or commercially sensitive.

Similarly, we cannot guarantee that the Website, its content, or any linked files are free from viruses or other harmful code. You are responsible for implementing your own appropriate security safeguards to protect against such things.

Course Bookings

From time to time, as part of the Services, we offer educational courses and workshops. You may book a course/workshop through the Website by following the booking process and providing the information requested. All bookings are subject to availability and acceptance by us, as well as your payment of the relevant Fee.

We may refuse or cancel a booking where:

the service is unavailable;
payment cannot be processed;
we reasonably suspect fraudulent or unauthorised activity; or
there has been an obvious pricing or administrative error; or
otherwise in accordance with these Terms.

You are responsible for ensuring you satisfy any prerequisites for the course/workshop and, where the service is delivered online, that you have suitable equipment and internet access to participate.

We reserve the right to refuse entry to, or remove, any participant whose conduct is unlawful, abusive, disruptive or otherwise interferes with the delivery of any course/workshop. Unless otherwise required by law, no refund will be payable in these circumstances.

Cancellations

No refunds will be paid in respect of any Services purchased via the Website that have been downloaded by you or otherwise delivered to you.

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) (Australian Consumer Law).

Cancellations of courses/workshops by us

We reserve the right to change or cancel any course or workshop forming part of the Services for any reason and at any time (including by changing the date, time, location, presenter or format). 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, whether 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 or suspending 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.

We may otherwise suspend or terminate your access to the Website at any time and for any reason, including without notification or cause. The most likely reasons why we might suspend access to the Website include (but shall not be limited to):

maintaining, enhancing, reviewing, testing, modifying and developing the Website or changing its features or functionality;
if you are in breach of these Terms;
faults, service outages or other technical problems; and
a legal requirement, such as an injunction or due to an investigation by police or other law enforcement agency.

We will not have any liability in connection with any suspension or termination of access to the Website, regardless of the reason.

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:

1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose or will produce any desired results or outcomes;

2. access to the Website or Services be uninterrupted, error-free or free from viruses;

3. the Website will be secure; or

4. 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.

The Website is provided on an “as is” basis. To the extent permitted by law, we make no representation or warranty that the Website will meet your needs, be accessible and available at all times, be free of errors, complete or current.

We do not warrant that the Website will be free of viruses or other malware or infections and you must take your own precautions as to these matters. However, we take reasonable care to provide a sound Website and to keep any information uploaded secure. We encourage you to report to us any bug, glitch or malfunction affecting the operation of the Website.

Important - Liability: Please Read Carefully

1. You agree to indemnify and hold harmless us, our officers and our related bodies corporate against any claims, costs (including all legal fees), losses, damages and/or expenses which we incur or may incur arising out of or in connection with your breach of these Terms, any wrongful, wilful, unlawful or fraudulent act or omission by you in the course of using the Website, and any third party claims in relation to your use of the Website.

2. To the maximum extent permitted by law and subject to paragraph 3 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 Fee 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).

3. Our liability in connection with any failure to comply with a guarantee applying to the supply of Services by us under Australian Consumer Law is limited to, at our election:

(a) the supplying of the Services again; or

(b) the payment of the reasonable cost of having the Services supplied again.

Nothing in these Terms excludes or restricts the Australian Consumer Law and, if necessary, these Terms shall be read down as required to comply with that legislation.

Privacy

Your use of the Website and Services is conditional upon you agreeing to our Privacy Policy which is available on the Website. We may collect, use and disclose your personal information for the purpose of providing our Services and as described in our Privacy Policy. 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.

Miscellaneous

We may assign or novate any of our rights or obligations under these Terms without your consent. You may not transfer or assign these Terms or any of your rights under it without our prior written consent, although we will not unreasonably withhold such consent if the assignee is a bona fide purchaser of your business.

No failure, delay, relaxation or indulgence by us in exercising any right conferred under these Terms operates as a waiver of the right.

These Terms constitute the entire agreement between you and us in relation to its subject matter.

These Terms were lasted updated on [INSERT].