Terms of Service

Effective Date: 18/02/2026 Last Updated: 18/02/2026 Version: 1.0

1. Introduction and Acceptance

1.1 About These Terms

These Terms of Service ("Terms") govern your access to and use of the QUALTICKS compliance management platform ("Platform") provided by RTO MATE PTY LTD (ABN 41 684 275 401) ("QUALTICKS", "we", "us", or "our").

1.2 Agreement to Terms

By accessing or using the Platform, creating an account, or clicking "I Agree", you ("Customer", "you", or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.

1.3 Changes to Terms

We may modify these Terms at any time by posting the revised version on our website. We will provide at least 30 days' notice of material changes via email or in-app notification. Your continued use after changes take effect constitutes acceptance of the modified Terms.

2. Definitions

In these Terms:

  • "Account" means your registered account to access the Platform.
  • "Australian Consumer Law" or "ACL" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • "Customer Data" means all data, documents, and information you upload, enter, or create using the Platform.
  • "End User" means any individual authorised by you to access the Platform under your subscription.
  • "Personal Information" has the meaning given in the Privacy Act 1988 (Cth).
  • "Platform" means the QUALTICKS web-based compliance management software.
  • "RTO" means a Registered Training Organisation registered with ASQA.
  • "Services" means the Platform and any related services we provide.
  • "Subscription" means your paid access to the Platform under a subscription plan.

3. Australian Consumer Law Notice

IMPORTANT CONSUMER GUARANTEES

If you are a "consumer" or "small business" as defined under the Australian Consumer Law, you have certain rights and remedies that cannot be excluded, restricted, or modified by this Agreement.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:

  • Cancel your service contract with us; and
  • A refund for the unused portion, or compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion.

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law.

Small Business Protections

The unfair contract terms protections under the ACL apply to standard form contracts where at least one party is a small business (employs fewer than 100 persons or has annual turnover less than $10 million) and the upfront price is no more than $5 million. If any term is found to be unfair, that term will be void and unenforceable.

4. Eligibility and Registration

4.1 Eligibility

To use the Platform, you must:

  • Be at least 18 years of age;
  • Be a legal entity or individual capable of entering binding contracts;
  • Have authority to bind the organisation you represent;
  • Have an Australian Business Number (ABN) or Australian Company Number (ACN).

4.2 Account Registration

To register, you must provide accurate and complete information including:

  • Your full name and contact details;
  • Your organisation's legal name and ABN/ACN;
  • RTO registration number (if applicable);
  • A valid email address.

4.3 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials;
  • All activities that occur under your account;
  • Notifying us immediately of any unauthorised access.

5. Services and Subscription

5.1 Platform Features

The Platform provides compliance management tools including:

  • 2025 NVR Outcome Standards management;
  • Training.gov.au integration;
  • Document management;
  • Validation management;
  • Trainer and assessor profiles;
  • Complaints and continuous improvement register;
  • Audit trail and reporting.

5.2 Payment

  • All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise.
  • Payment is processed by our third-party payment provider.
  • Subscriptions are billed in advance on a monthly or annual basis.

5.3 Price Changes

We may change our prices at any time. For existing subscriptions, we will provide at least 60 days' notice of any price increase. Price changes will take effect at the start of your next billing cycle.

5.4 Refunds

  • Monthly subscriptions: No refund for partial months. You may cancel at any time effective at the end of your current billing period.
  • Annual subscriptions: Pro-rata refund available within 30 days of purchase if you are dissatisfied. After 30 days, no refund for the remainder of the annual term, but you may continue using the Platform until the subscription expires.
  • Refunds required by ACL: If you are entitled to a refund under the Australian Consumer Law, we will process it in accordance with our legal obligations.

6. Customer Obligations

6.1 Lawful Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy.

6.2 Data Accuracy

You are responsible for ensuring that all data entered into the Platform is accurate, complete, and up-to-date. This is particularly important for compliance-related records.

6.3 Compliance with Laws

You must comply with all applicable laws, including:

  • Privacy Act 1988 (Cth) and Australian Privacy Principles;
  • National Vocational Education and Training Regulator Act 2011 (Cth);
  • Standards for RTOs 2015 and NVR Outcome Standards 2025;
  • Anti-discrimination and equal opportunity laws.

6.4 RTO Regulatory Compliance

Important Disclaimer: QUALTICKS is a tool to assist with compliance management. We do not guarantee that use of the Platform will ensure compliance with ASQA requirements or any regulatory standards. You remain solely responsible for your compliance obligations.

7. Intellectual Property

7.1 QUALTICKS IP

The Platform, including all software, designs, text, graphics, and other content, is owned by QUALTICKS or its licensors and is protected by Australian and international intellectual property laws.

7.2 Customer Data

You retain all ownership rights in your Customer Data. By using the Platform, you grant us a limited licence to use your Customer Data solely to provide the Services.

7.3 Licence to Use Platform

Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes during your subscription term.

7.4 Restrictions

You must not:

  • Copy, modify, or create derivative works of the Platform;
  • Reverse engineer, decompile, or disassemble any part of the Platform;
  • Sublicense, sell, or transfer access to the Platform;
  • Remove any proprietary notices from the Platform.

8. Privacy and Data Protection

8.1 Privacy Policy

Our collection and use of Personal Information is governed by our Privacy Policy, which forms part of these Terms.

8.2 Data Location

All Customer Data is stored in Australian data centres, except for limited contact information shared with our CRM provider (HubSpot) as disclosed in our Privacy Policy.

8.3 Data Security

We implement industry-standard security measures including AES-256 encryption. See our Security Policy for details.

8.4 Data Breach Notification

We comply with the Notifiable Data Breaches scheme under the Privacy Act 1988 (Cth).

9. Third-Party Services

9.1 Third-Party Integrations

The Platform integrates with third-party services including:

  • Training.gov.au (for RTO and qualification data);
  • HubSpot (for customer relationship management);
  • Third-party payment processors.

9.2 Training.gov.au Integration

Data Synchronisation: The Platform includes integration with Training.gov.au to retrieve and synchronise:

  • Registered Training Organisation (RTO) information
  • Qualification specifications and details
  • Training product catalogue information
  • VET course and unit of competency data

Our Commitment: QUALTICKS will make reasonable efforts to:

  • Keep system data synchronised with Training.gov.au
  • Update RTO and qualification information regularly
  • Maintain data consistency with the national registry

Limitations and Disclaimer: IMPORTANT: You acknowledge and agree that QUALTICKS cannot guarantee that:

  • Data from Training.gov.au will be current or accurate at all times
  • Synchronisation will occur immediately upon changes to Training.gov.au
  • Outdated or superseded information will not be available in the system
  • All updates to Training.gov.au will be reflected in QUALTICKS in a timely manner

You further acknowledge that:

  • Training.gov.au data may be out of sync with the Platform at any time
  • It is your sole responsibility to verify information directly from Training.gov.au
  • You should periodically check Training.gov.au for the most current information
  • Reliance on potentially outdated data in the Platform is entirely at your own risk

QUALTICKS is not responsible for:

  • Errors, omissions, or inaccuracies in Training.gov.au source data
  • Delays in synchronisation between Training.gov.au and the Platform
  • Loss or corruption of data during synchronisation processes
  • Any consequences arising from your use of outdated Training.gov.au information
  • Decisions made based on Training.gov.au data displayed in the Platform

Recommendation: For critical RTO, qualification, or training product information, you should always verify details directly with Training.gov.au (www.training.gov.au) to ensure accuracy and currency.

9.3 Third-Party Terms

Your use of third-party services is subject to their respective terms and policies. We are not responsible for third-party services, their availability, or their data accuracy.

10. Service Availability and Limitations

10.1 Uptime Target

We aim to maintain 99.9% Platform availability, measured monthly, excluding scheduled maintenance windows. This is an aspirational target and does not constitute a Service Level Agreement (SLA) or guarantee.

10.2 Scheduled Maintenance

We will endeavour to provide reasonable notice of scheduled maintenance that may affect availability:

  • Typical maintenance window: Sundays 2:00-6:00 AM AEST
  • Target notice period: 72 hours (where practicable)
  • Expected duration: 2-4 hours

10.3 Unscheduled Downtime

The Platform may experience unavailability due to circumstances including but not limited to:

  • Unexpected technical issues, software bugs, or system failures
  • Server hardware failures or data centre incidents
  • Third-party service outages (internet service providers, cloud infrastructure providers, payment processors)
  • Cybersecurity incidents, attacks, or security-related shutdowns
  • Natural disasters, power outages, or events beyond our reasonable control
  • Third-party API failures or unavailability (including Training.gov.au)
  • Emergency maintenance required for security or data protection

10.4 Limitation of Liability for Downtime

Subject to the Australian Consumer Law (Section 3 of these Terms):

You acknowledge and agree that QUALTICKS cannot be held accountable or liable for:

  • Loss of access to the Platform for any period
  • Data loss, corruption, or unavailability during or following outages
  • Business interruption, lost revenue, or commercial losses
  • Failure to meet compliance deadlines due to Platform unavailability
  • Inability to submit audit evidence or regulatory documentation due to downtime
  • Any consequences arising from reliance on the Platform for critical compliance functions
  • Missed ASQA audit deadlines or regulatory submission windows
  • Loss of evidence for regulatory compliance purposes

You further acknowledge that:

  • The Platform is not guaranteed to be available at all times
  • You are solely responsible for maintaining alternative systems, backup access, and offline copies of critical data
  • You should not rely exclusively on the Platform for time-critical compliance activities
  • Downtime may affect your ability to meet regulatory requirements, and this is your risk to manage
  • You should plan your compliance processes with contingencies for potential unavailability

10.5 Our Restoration Efforts

When the Platform becomes unavailable, we will endeavour to:

  • Restore services as soon as reasonably practicable
  • Investigate the cause of outages
  • Implement measures to prevent recurrence where possible
  • Provide status updates where practical

However, we cannot and do not guarantee:

  • Any specific timeframe for service restoration
  • That restoration will occur within any particular period
  • That all data will be recovered intact following an outage
  • That all functionality will be restored simultaneously
  • That there will be no data loss or service degradation

10.6 No Service Level Agreement

The uptime targets and availability information provided in these Terms are for informational purposes only. They do not constitute a Service Level Agreement (SLA) and do not entitle you to any credits, refunds, or compensation in the event of downtime or unavailability.

10.7 Your Obligations Regarding Downtime

You agree to:

  • Maintain offline backups of critical compliance documentation
  • Have contingency plans for Platform unavailability
  • Not rely solely on the Platform for time-critical regulatory submissions
  • Export important data regularly using Platform export features
  • Notify us promptly of any issues you experience with Platform availability

11. Warranties and Disclaimers

11.1 Our Warranties

We warrant that:

  • The Platform will perform substantially in accordance with the documentation;
  • We will provide the Services with due care and skill;
  • We have the right to grant the licences in these Terms.

11.2 Disclaimer (Subject to ACL)

To the maximum extent permitted by law (but subject to Section 3 above regarding ACL rights), we disclaim all other warranties, whether express or implied, including warranties of merchantability and fitness for a particular purpose.

11.3 No Compliance Guarantee

The Platform is a compliance management tool, not a guarantee of regulatory compliance. We do not warrant that use of the Platform will ensure compliance with ASQA requirements, the Standards for RTOs 2015, NVR Outcome Standards 2025, or any other regulatory requirements.

12. Limitation of Liability

12.1 Liability Cap

To the maximum extent permitted by law, our total aggregate liability under these Terms is limited to the amount you paid us in the 12 months preceding the claim.

12.2 Exclusion of Consequential Loss

Subject to Section 3 (ACL rights), we are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

12.3 Exceptions

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence;
  • Fraud or fraudulent misrepresentation;
  • Any liability that cannot be excluded under the ACL or other applicable law.

13. Indemnification

13.1 Your Indemnity

You agree to indemnify and hold harmless QUALTICKS from any claims, losses, or damages arising from:

  • Your breach of these Terms;
  • Your violation of any applicable law;
  • Your Customer Data;
  • Any third-party claims related to your use of the Platform.

13.2 Our Indemnity

We will indemnify you against any third-party claim that the Platform infringes that party's intellectual property rights, provided you notify us promptly and give us control of the defence.

14. Term and Termination

14.1 Term

These Terms commence when you accept them and continue until terminated.

14.2 Termination by You

You may terminate your subscription:

  • At any time by providing 30 days' written notice;
  • Monthly subscriptions: effective at the end of the current billing period;
  • Annual subscriptions: subject to the refund terms in Section 5.4.

14.3 Termination by Us

We may terminate or suspend your access:

  • Immediately if you breach these Terms or the Acceptable Use Policy;
  • On 30 days' notice for any reason;
  • Immediately if required by law.

14.4 Effect of Termination

Upon termination:

  • Your licence to use the Platform ends immediately;
  • You must cease all use of the Platform;
  • We will make your Customer Data available for export for 30 days;
  • After 30 days, we may delete your Customer Data.

14.5 Survival

Sections 7 (IP), 8 (Privacy), 11 (Warranties), 12 (Liability), 13 (Indemnity), 15 (Disputes), and 16 (General) survive termination.

15. Dispute Resolution

15.1 Good Faith Negotiation

If a dispute arises, the parties will first attempt to resolve it through good faith negotiation within 30 days.

15.2 Mediation

If negotiation fails, the parties agree to attend mediation administered by the Resolution Institute before commencing court proceedings.

15.3 Urgent Relief

Nothing prevents either party from seeking urgent interlocutory relief from a court.

16. General Provisions

16.1 Governing Law

These Terms are governed by the laws of Victoria, Australia.

16.2 Jurisdiction

The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.

16.3 Entire Agreement

These Terms, together with the Privacy Policy, Security Policy, and Acceptable Use Policy, constitute the entire agreement between the parties.

16.4 Severability

If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue in effect.

16.5 Waiver

A failure to exercise any right is not a waiver of that right.

16.6 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or successor.

16.7 Force Majeure

Neither party is liable for delays caused by events beyond their reasonable control.

16.8 Notices

Notices must be sent to:

17. Contact Us

RTO MATE PTY LTD

Email: support@qualticks.com.au Address: PO BOX 101 Craigieburn VIC 3064 ABN: 41 684 275 401